Legal Question in Family Law in California
An order granting my ex-wife full legal and physical custody was made 4/24/09 and unsupervised visitations afforded to the father and both sets of grandparents upon mutual agreement. My ex-wife hasn't had custody of my daughter 6 of the 7 years she's been alive, and just in 2006 once again left my daughter with her mother for a permanent move to another town.
Just weeks before actually getting physical custody of my daughter back in July, my ex-wife announces that she's pregnant again with her current boyfriend and they plan to have carry through with the new child.
Shortly after getting custody of my daughter, my ex-wife announces that they are looking at moving out of state, and have taken the necessary moves to go through with this Nov. 1st.
I just found out from me ex-wife's step-father that she's accumulated 2 DUI's within the last 5 years.
My questions are in part:
1) Is there a statute of limitation where I can ask the court to reverse it's initial judgment date stamped 4/24/09 and re-affirm legal and physical custody to the original order??
2) Do I have grounds warranting concern that my wife isn't mentally competent to regain custody of my daughter, given these newer insights I didn't know when agreeing to the changes in custody?? Can I ask the court for a mental evaluation??
3) Can she move out of state without me agreeing??
4) Do her parents have any say in the matter given they had legal/physical custody of my daughter for essentially the last 6 years??
1 Answer from Attorneys
Your story doesn't ring quite true. How did this woman who is the mess you describe get full legal and physical custody after all these years? Were you not represented by an attorney? Is there something you're leaving out? You've got a mess and it looks like you are going to be railroaded again. You need an attorney, or a new one if you had one that can't answer these questions for you.
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