Legal Question in Family Law in California
Motion to dismiss re: visitation change
I have sole legal and physical custody of my children for 15 years and mother was not ever been interested in them..Exwife then filed a Motion to modify child custody and visitation with no basis, mediation recommended no visitation or change in custody, at the return from mediation hearing ex states she doesn't agree and wants a hearing...she has never presented any evidence of any change and has a long and recent criminal record...Can I file a Motion to Dismiss with any success?
1 Answer from Attorneys
Re: Motion to dismiss re: visitation change
No. The mother has a right to her day in court. The mediator findings are not admissible. Because the children are older teenagers, you might want to ask the judge to speak to them regarding their thoughts on this issue.
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