Legal Question in Family Law in California
I've had physical custody of my two daughters for 1 year, in our final divorce decree i was awarded 93% custody .. she has 14 hours visitation per week. She is now asking for a modification to the custody orders .. she wants close to 50% .. her supporting facts is that she's had a stable residence for 5 months and i won't give her any extra time with the kids. She has a boyfriend who is in jail for unlawful taking of a vehicle. he was restricted from any contact with my children per the custody orders. that restriction was lifted 2 months before he got arrested. In the past year, I enrolled my oldest daughter in pre-kindergarten and i have a daycare provider/girlfriend who has been doing an excellent job helping me raise the children. my question is ... how likely is it that the court will grant her request? I have done nothing wrong to lose custody of my children. I am stressed out and my custody review is in 2 weeks.
1 Answer from Attorneys
You should relax, most likely the court will not modify the court order just based upon being clean and model citizen for 5 months. The court will want to see that you guys are cooperating and that you are not preventing visitations. You have valid concerns regarding the boyfriend and should bring that to the attention of the court. The visitaiton order seems very restrictive so I would expect the visitation schedule to increase with time and her continuing on the path of good citizenship.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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