Legal Question in Family Law in California
hello i have joint child custody of my kids since 2007 but their mother kept them away for over 2 years and finally lets me be with them. so for the past 7 months they are with me 4 to 5 days a week, but now the mom is trying to keep them away and says i have no rights. does the order from 2007 still in effect? would she of had to go modify it? she tells me its void since " i was gone for 2 years"
2 Answers from Attorneys
Unless the court order had a termination date or was modified by another later order, the order you reference is still in fill force and effect. You may want to assess if that order needs an update. If the mother is unwilling to work with you on reaching a new agreement, than it seems best to consider filing a motion to return to court to address these ongoing parenting problems.
Your old order remains effective unless there has been a modification. I would suggest that you obtain a consultation with a family law attorney to understand your rights and how to exercise them. I simple letter from an attorney may be sufficient. Also, if you have been having your kids as often as you state you may wish to modify the order to reflect the timeshare and schedule that you have had for the las 7 months. Good Luck, Pat McCrary
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