Legal Question in Family Law in California
Need help to start court process
My relationship with my Ex, live in, Boyfriend ended about 9 months ago due to verbal and physical abuse. We have--name removed--1 and--name removed--half year old son who has been living with me ever since. The father has not given any financial help. Our verbal agreement was $200.00 every month with visitations rights every other weekend. He has failed to honor both completely. I want to fight for full custody of our Son with no visitation rights and If possible with child support. My other question is, we lived together for 4 years and in thoughs four years my credit cards were used for many things on both of our parts. All credit cards are under my name. I am in debt $7,000. +** which he promised he would help as well. The reason we used my cc�s is because he had very bad credit. I am financially taking care of--name removed--toddler and my self. This is very difficult. I want no financial help from the state, but I do want help from his father�. I need to know what steps to take first. Please help. I am very interested in hiring--name removed--lawyer to end this ordeal.
2 Answers from Attorneys
Re: Need help to start court process
Based upon the information provided, there are several issues involved.
For the child custody/support, you will need to file the appropriate documents with the court. It appears that you were not married to the father and therefore you will have to file a Paternity Action to establish the parental relationship and an Order To Show Cause for custody/visitation/support.
Regarding the credit card issues, you will need to seek recovery based upon contract law.
In any event, if you can afford to retain an attorney you should definitely do so - the legal fees will be money well spent.
Regards, Damian Nolan
Re: Need help to start court process
in a nutshell, the answers to your questions are as follows:
1) you should retain any affordable, effective attorney to help you begin the court process. you would start and have your issues addressed and adjudicated thru what is called an OSC hearing.
2) as far as your ex's responsibility for your outstanding credit card debts, you would have standing to sue for breach of contract (oral or implied agreement by conduct) or in the alternative for his unjust enrichment at your expense.
if you would like affordable, effective legal assistance in one or both areas here, contact us today by email or phone.
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