Legal Question in Family Law in California
I am separated. We have 4 children. We have joint custody order with shared housing included in order. When I go to work father comes to family home for his visitation time, 36 hours 2x per week. Father stopped paying his portion of mortgage and stated he will let house foreclose since I have a boyfriend who helps me take care of household repairs. We have been separated for 2 years. Can I file for an emergency screening to change custody in San Joaquin county, California in order to get this house out of foreclosure?
2 Answers from Attorneys
The court order that you reference controls how you proceed in court. If he was mandated to make those payments, he's in violation of a court order. You should meet with an experienced family law attorney to review your current orders and determine your legal options.
A change in child custody will not effect the mortgage payment.
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