Legal Question in Family Law in California
Mediation Done
I went to mediation with me ex who hs been withholding my daughter from me for over 5 months now. We argued, but in the end came to an agreement. We both signed, and it was filed. we now have a court date next month. I called her to speak with my daughter today, when she then informed me that she no longer wants to agree and is making changes with her lawyer. How is this done? Will the judge look into this? She already agreed, now wants to change her mind?? I will probably need a lawyer.
2 Answers from Attorneys
Re: Mediation Done
Yes, you will probably need a lawyer. If she has no good reason for withholding your daughter from you, you need to fight this in court.
Re: Mediation Done
Child custody is modifiable due to a change in circumstances. If there is no change, then the current order cannot be changed. However, it does not take much to show a change. Courts have a tendency to go with the status quo. So, if you have an agreement that is working, it is likely the court will be reticent to making any big changes to it. But you will need aggressive representation to stand up for your rights.