Legal Question in Family Law in California

My mom is in court today fighting for spousal and child support from my dad. My dad has an attourney and is able to get away with not paying. He moved out April of last year and has not helped out. There has been strong evidence against my dad for sexual and physical abuse. Doctors have recommended have provided letter for my mom to show in court stating that she should have sole and legal custody. My dads attourney is fighting that and quit his job so he doesnt have to pay, wants 50/50 custody and wants all the assets. The judge gave my mom papers to sign, if she does she walks away a divorced women but my dad gets everything. If she doesnt the case will go to trial. In this situation what would it be best for her to do? Go to trial or sign the papers. Please help.


Asked on 4/25/11, 4:09 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

First of all, your mother has absolutely no business getting you involved in her case to this extent. The papers given to your mother are more than likely a settlement offer that she is not happy with. I am so much less worried about what is best for her at this point - she is a grown woman - and more worried about you.

I was truly abused, and my ONLY thought was to keep my children safe. I definitely don't tell them any details like it seems you have been told, but I do answer questions about things they remember and are trying to understand. By this point in my situation, I have lost so much that wasn't even community property, but I didn't care as long as I knew my kids were safe. I lost my attorney career for several years trying to escape that man (he stalked me), and I had to build back up.

I have had a tough row to hoe, and experienced many lean times where I wasn't sure I would be able to even feed all of us. Their dad has never paid support, and quite frankly I never tried to enforce the court order for fear he would try to enforce his supervised visitation in retaliation. He hasn't tried to see the children, and my children have a stepfather who loves them as his own and will be adopting them soon, so it all worked out. I hope your mother's focus is on you and keeping you safe. She will be able to make it out of her situation. I would suggest some type of support group that she can discuss these matters with with other adults, not you. You deserve to be a kid for a little while longer :) .

If she needs referrals to some organizations for some help, have HER call or email me.

Read more
Answered on 4/25/11, 4:55 pm
PATRICK MCCRARY PATRICK MCCRARY

Your mother needs to consult with an attorney. It is impossible to give advice without a complete background. Certainly she should not agree to 50/50 custody if there has been child abuse. Good Luck, Pat McCrary

Read more
Answered on 4/26/11, 10:37 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California