Legal Question in Family Law in California
Do I have reason for an appeal
Went to court today 4/23. My soon to be ex file an OSC to move from Fresno to Reno NV. I have 3 hours a week supervised visitation from a temp custody pending family assessment and psychological evaluation which she didnt complete or is going to complete. She has a pending eviction coming that she has filed an demurrer motion that is set 4/21. She is currently out of work with a job offer in Reno as a medical asst as well as family. Our Family assessment is set for 4/30.
The judge allowed her to move today allowing that my visitation be 6 hours for 2 weeks which she will drive back to Fresno for every other weekend. She has not shown up for 2 scheduled visitations within the past month. I cited a case from findlaw, 229 Cal.App.3d 1330, where it states that they would not let the custoial parent to leave do to the visitation and would deminish the closeness to the father.
Is there any way to keep her from leaving on 5/4 which she has stated. She is now trying to terminate the Family Assessment.
1 Answer from Attorneys
Re: Do I have reason for an appeal
Yes there are possible reasons for appeal, but not necessarily on the issues the you believe that you can appeal. Move-away cases are complex and to think that you could handle an appeal in pro per would be a mistake. You may be better off with the hearing on the assessment which is up coming. I would strongly suggest that you get an attorney who has done numerous child custody cases. Good Luck, Pat McCrary
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