Legal Question in Family Law in California
non custodial parents legal rights
The father of my two girls has had sole custody for the last 5 1/2 years. I have seen them on occasion but at his descretion for reasons beyond my control he won them by default. I have seen them sporadically not by my choice. He has kept them from me but on occasion I would be allowed to see them. I have has not any contact with them for over a year he changed his phone number and I had thought he had moved. My question now is how do I go about getting to see my children again? What are my first steps and approximate retainers. Is it possible for you to refer me to someone specializing in this form of law? And is it possible for him to have had more court proceedings like telling the courts I have deserted my children and if so Is there anything I can do about that?
3 Answers from Attorneys
Re: non custodial parents legal rights
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
You need to file for a modification of the existing court order (obtained by default) in the county that originally made the order. Or you can try to obtain a change of venue order to another county in the same state if that would be more convenient for everyone.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: non custodial parents legal rights
you need a lawyer to try and get a court order allowing you to see the kids. Any lawyer doing family law can do this, it is not difficult. Fees vary but probably average around $1000
Re: non custodial parents legal rights
I charge $950 for a simple modification, but I don't think that your case is going to be simple. You need to get an order that is specific and which you can cite the father with contempt. That way he can go to jail, if he fails to comply with the order. You will almost certainly need an attorney to obtain such an order. You may also wish to ask the court to change custody of the children. Talk to an experienced family law attorney that practices in the court where the custody order is filed. He can discuss your options and the costs. Good Luck, Pat McCrary