Legal Question in Family Law in California
Mother not cooperating....
I have custody of my three children since 1995 their mother has had visitaion the last 2 years and has been paying child support. She lives in a motel not sure where. She refuses to give me the address yet still wants to take children for the weekend. I don't want my children staying in a motel. She recently served me with an OSC to modify custody I have sole legal and physical custody. Will the judge grant her 50% or secondary custody knowing she resides in a one room motel? In her declaration she clearly stated lie after lie saying i refuse to let her see the children because she stopped paying child support. Her visitation is upon my discretion per the order. My children don't want to live with her part time and aren't comfortable talking to her since she always talks about going to court and wants them to lie about how their life is with me. I want her to have a psyciatric evaluation done before she visits resume can I request that?
1 Answer from Attorneys
Re: Mother not cooperating....
It is highly unlikely that she would get 50/50 custody. However, you do have some custody issues that you need to deal with since the motion is already filed. I suggest that you retain an attorney who can help you improve the order that you have. Find someone who has substantial custody experience so that they can give you realistic advice as to what you can expect. Good Luck, Pat McCrary