Legal Question in Family Law in California
First I would like to start by stateing that I have physical custody of my son.
I allowed my son to stay with his father because of a major set back in my life, I felt it in the
best interest of my son to have him stay with his father for the school year. Well, the school
year is almost over and his father decided that he was going to try to get a change of venue
to move our case to Vacaville from Sacramento. My only thought is that he is trying for custody.
I put in my request to deny the movement. Ive noticed things with my son that has me concerned
about him being ast his fathers home. He has stated things such as "I dont like my daddy, I dont want a daddy." Also, my son was in the hospital a few days ago, and he said "I want to hold your hand mommy, I dont want to hold daddys hand... ever!" I have seen my sons father fight with his girlfriend in front of my son and also heard him speek badly about me in front of and to my son. I also know that his father is not the one taking caqre of my son. His girlfriend is the one taking care of him. His father even told me himself that his girlfriend is the one who is with him 90% of the time. I spoke to a sheriff about the situation, and she told me that I should get my son back before its too late, and because I do have custody... there is nothing his father can do about it.
So, my question is... Is it possible to keep my son when they bring him to me, because I have custod And if I do, can ity hurt my case in court?
1 Answer from Attorneys
There are 2 factors involved in the change of venue. First if you live in Sacramento county the case should remain there. If you no longer live in Sacramento County then you should argue that the information regarding custody and visitation is in that county and it would make sense to have the case stay there. Second if the court orders the change of venue the case will be in limbo for 60 or more days. He could delay the change even further by not paying the court fee for the transfer and the new filing fee. If the court orders the change of venue request an order that he pay the transfer fee to the Sacramento Court in one check and the filing fee for the new court in another check.
You have a duty to protect your child. Talk to his teacher about how he is doing in school,. Any indication that he is not doing well could be used to further justify your keeping your child when he comes to see you. Keeping him after the next visit could be justified by his comments and conduct Be cautious regarding your sons comments. If it appears that you are coaching him, the result would be very harsh for you. However, if you wait until after the hearing on change of venue the court may give him custody and then you will be unable to take any further court action until the case has been transferred.
You should consider consulting with a local attorney regarding the change of venue and the custody issue.
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