Legal Question in Family Law in California
modify or injunction
I am the mother of a little boy. I was given FINAL custody of my son and his father was given visitation ''as agreed between the parties'' There was never a divorce. What happens if my son's father files for divorce? Will the custody and visitation also be again spoken of or IS IT FINAL? My son and I now live in another state. If I file for divorce does that make a difference? Can my son's father change the existing court order? Can he get an injunction of some kind while we are visiting with him? (this visit is for my son's sake) Can my son's father get an injuction in his state, that could prevent me from returning home with my son. I am at my witts end worrying that while we are here in father's state, I will be served some court papers. What can happen? Please help me. I can't get any help here and I dont' know what to do
Thank you
1 Answer from Attorneys
Re: modify or injunction
In California there is never a final custody and visitation order. The court can modify these orders when there is a change of circumstances and such a change serves the best interests of the child. If the original custody order was made in California, so long as father lives in Califronia that is the state in which custody orders are made. However, if you have lived with his consent in another state for several years then you could file for divorce in that state and request that California defer its jurisdiction to the new state. As to your fears, he probably will not attempt any of the conduct that you suggest. However the best way to avoid such problems is to attempt to maintain civil or better friendly relationship with him. My experience is that parents do not go to court when visitation and support are proceeding smoothly. It takes effort to go to court, therefore you should make reasonable efforts to avoid conduct that will spur him into going to court.