Legal Question in Family Law in California
C.S. modification (vs) full custody in retailation
For 10 years I have not asked for CS modification until now. We share 50/50 custody. Once he was served, 11 days later I was notified that he was filing for full custody. Isn't there a ruling or law regarding this retaliation?
1 Answer from Attorneys
Re: C.S. modification (vs) full custody in retailation
There is nothing to prevent him from filing the motion. However, for there to be a change in a "permanent" custody order he is going to have to show a change of circumstances.
If you should have to hire an attorney to represent you under these circumstances, you may be able to get an award of attorney's fees/costs either on a need basis or as a sanction.
If you would like to discuss this further you can contact my office to schedule a free one-half hour consultation. (408-287-8484)
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