Legal Question in Family Law in California
i lost custody of my kids by default 12 yrs ago their father has put restraining orders on me to keep me from them and i had no contact with them for the last 3 yrs up until last year on thanksgiving weekend he let them spend a week with me and my family. the day i picked them up and seen them for the first time in 3 yrs i had to go straight to the emergency room because my son whos 16 was about to overdose on some pills. after spending the week with us my kids realized that their dads been lieing to them about us the whole time now my 15 yr old daughter is upset because she wants to live with me and because she let him know that he got upset and he hit her and tried choking her out so my son got mad and tried to beat his dad up so his dad had him arrested for terrorists threats and for vandalizing his stepmoms car. well the night he hit my daughter i spoke with him (their father) and i told him if hes having problems with my daughter to let her come live with me and much to my surprise he came and actually dropped her off to me he lives in hesperia ca and i live in orange county she was here not even a week before he wanted her back home and she didnt want to go but because i have no parental rights she had to go with him. how do i go about getting custody for my son and my daughter being that i live in orange county and they live in san bernardino county or what kind of rights does my 15 yr old dauther have?
3 Answers from Attorneys
Based in the limited facts given, if you have an attorney to represent you, I would say you have a good chance of obtaining custody. The children are old enough that their desire is given greater weight by the Courts, and especially if it has a reasonable basis. For further information, visit http://www.ellifritzlaw.com
From the information given it appears that when you say you lost your children by default 12 years ago, you do not mean that DCFS was involved and your parental rights were not terminated. If this is correct, then, based on the facts given (mind you, there is always another side of the argument) it would appear likely that a court may indeed vary the existing order. In any event, more information is required and I believe it would behove you to retain the services of a competent Family Law attorney to assist you. Please feel free to visit our web site at losangeles-orangecountylawyer.com for further information
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