Legal Question in Family Law in California
problem with custodial parent
my fiance is a father of a 5 yearf old child from a previous marrage. the mother is constantly harrassing us and wont allow him to see his child and always tells the child that its my fiances fault. now she is planning a trip out of the state on my fiances scheduled holiday time. the court order says that she can not do so unless agreed upon by both parents. he didnt sign it nor agree we even have it in an e-mail that she is still going. when she goes what can we do??
2 Answers from Attorneys
Re: problem with custodial parent
It sounds as if you would benefit from representation. With this type of behavior, he may be able to move for more visitation time or even primary custody. The problem is pro pers are not competent to practice law. I would probably recommend an ex parte hearing to ask for an order prohibiting taking the child out of state, or a contempt hearing for past refusals. Call me directly at 6192223504.
Re: problem with custodial parent
You have probably come to the point where you need representation to enforce the current order and gain a modification. The mother needs to have an understanding that she does not have sole control, but that this is joint custody. You may call me for a free consultation and we can discuss the best strategy. I am in the El Cajon court several times per week and I am familiar with the judges there. With more information I can give you a fairly good idea of what your judge would do on your case. Good Luck, Pat McCrary
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