Legal Question in Family Law in California

request for increase in support prompts ex to sue for full custody

My 11 yr. old daughter has been living with me for six yrs. My ex and I originally had shared custody when she was little and then I had only visitation. On my scheduled visit my ex dropped my daughter off and never picked her up. There was no change in the court order despite my request he write a letter or contact his atty do so.I had no representation. After being on state aid briefly,the DA got involved so that my ex would pay support. I have never argued the amount I get and that she's entitled to more since her needs are changing. I filed a request for a modification. When my ex got the letter in the mail he went ballistic! He said he was having the police come over to take my daughter back. He's now suing for full custody stating that my daughter said she wanted to live with him. When we all got together, she said to her dad that she only said that to make him happy. She has since said she wants to stay with me and would tell her dad. He still intends to go through with court. I don't know what rights I have? What are my ex's rights? Can he get her back? Thank you for your time and interest.


Asked on 9/16/00, 11:18 pm

1 Answer from Attorneys
Diana Mercer Peace Talks Mediation Services

Re: request for increase in support prompts ex to sue for full custody

Since she's been with you so many years, I doubt the court would change custody unless there's something going on that you haven't mentioned. Kids often tell each parent what they think that parent wants to hear.

There's a ton of stuff you need to do--much more than I could go into here. The first thing is that you need a lawyer. If you cannot afford a lawyer, Legal Aid or the local Bar Association may be able to find you a lawyer free or at low cost. In LA, the number for the bar association is (213) 627-2727. Legal Aid is (213) 387-9038 and (213) 939-0506.

You may want to see if there's some books at Nolo Press to help you help yourself. They're online at nolo.com. There's some good self-help books out there, too, and you can buy them online at Amazon or used at half.com. I'd suggest "What Every Woman Needs to Know About Divorce and Custody" to start with.

Good luck!

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Answered on 10/17/00, 11:23 am


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