Legal Question in Family Law in California

My husband wants full custody of his kids back. He was granted full custody before because their mom pretty much abandoned them for two years. As soon as she decides to move in with her parents (because they will support her) she took us back to court and was denied. However, my husband was in jail for two weeks and she filed for temp custody and moved to Las vegas with them. She was then awarded primary physical custody and joint legal custody pending his case. His criminal case ended up being dropped. However he thought it would be a good idea to let the kids live with her because if they lived with us they would never get to see her. And we know that we would always make the drive out there to get them. And constantly stay in touch with them. The court order said that she had to put my husband ont heir emergency list at school even if we do live in CA. She has not done that. Also, when we try to call her parents will not pick up the phone (they do not like him). She will always say she is at work. When we had the kids over the summer they told us they were not allowed to call us. We tried asking her for her SN so we could communicate over the internet. And she said her internet is down but when we do eventually talk to the kids they're on the computer watching youtube. Or when she is mad at us she wont pick up our phone calls to speak to the kids. We've reminded her about taking the kids to the dentist and immunizations. She has not done any of that. And we always made sure the kids were up to date with that when they lived with us. Even with school work, his eldest is a daydreamer and does not focus very well. I helped him with his school work and almost got him at grade level. There was a significant change from when he went to school in Vegas and when he was here with us. Meaning, he did a lot better here then with her. She has not updated us on any of their progress at school. Nor have we seen any report cars as requested. We want to file for full custody again but do not know how to do it. We hate the fact that they are being shuffled back and forth and want their mom to be in their lives. But if she is not properly taking care of them, they are better off with us. How do we prove all this in court? I do keep records of phone records. she also texts more than calls, which we dont want to talk to her we want to talk to the kids. At this point should we get a lawyer?


Asked on 11/03/10, 5:21 pm

2 Answer from Attorneys

Tina Chen Law Office of Tina Chen

You need to file an Order to Show Cause to modify custody and visitation. Your husband can file a declaration stating all the problems he has been having and attach the children's school records to show their grades have dropped since moving in with mom. You do not say what your husband was facing criminal charges for, but this could impact his ability to get full custody. Good Luck.

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Answered on 11/11/10, 10:51 am


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