Legal Question in Family Law in California

Modification

I have joint legal and joint physical court order along with my ex for our son. my son lives with his father and grandmother father is currently out of the house and lives with his girlfriend can i go back to court to get my son home with me? would i need an attorney? That is why i think i lost my son in the first place because i could not afford an attorney.


Asked on 2/13/06, 8:13 pm

1 Answer from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

Re: Modification

I would talk to the family law facilitator or look for a free clinic to get some advice before I hired an attorney. Without knowing more about your family I would advise you to come up with a plan for how you and your child's father can do a better job of parenting than leaving him or her with grandma. After I had a plan I would sit down with dad and ask him to agree to at least try it. If you hire an attorney and come out with guns blazing you will probably loose. All he has to do is return to his mothers and you have no change of circumstances upon which to base a modification of custody. Even if he doesn't move back, he can either move your child in with him and the girlfiend or gramma can be given custody. You need to think about how you can help your child by making your visits especially good and that means no involving the child in a renewed fight with dad. Your child needs to know that you love him and will make a home for him if he needs you. I'm sure dad's romance is a little scary.

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Answered on 2/13/06, 8:34 pm


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