Legal Question in Family Law in California
Unfair custody
My daughter gave custody, unknowingly, 11 years ago, to her ex-husband. He had her sign a paper when she went into the Coast Guard. When she got out, his mother and he would not release to kids. They went to court and she lost.
Ever since, he has been cheating her out of seeing her kids when she should and she has always ended up with the dirty deal. He is a drunk and has been arrrested for D.U.I.'s. the judge always rules in his favor, just because the kids have lived there. He doesn't even work. My daughter is now married to a Marine and had two more children. Her oldest kids now had to move even further away. He is now trying to take her to court to cheat her out of more time with them. UNFAIR!!! sHE CAN'T afford a lawyer and there are no public defenders for Family Law, available to her. Is this true?
2 Answers from Attorneys
Re: Unfair custody
If the children live in California and the mother lives in another state it will be very difficult to win a change of custody. Your daughter needs to bear the cost of visiting before she wastes money on a custody fight she can't win. There must be a change of circumstances that warrents disrupting the children's lives so completely. The DUI does sound like cause for concern but isn't going to be enough if the children were not in the car. Being out-of work is also not a change of circumstances. Your daughter made a poor decision when she left her children and needs to be encouraged to make better decisions in the future rather than blaming her problems on the exhusband. Once the children get a little older their opinions will matter more. If the children really like spending time with mom that will happen.
Re: Unfair custody
Bottom line you need a lawyer. If you can show a significant change of circumstances since the last order i.e. Drug and Alcohol abuse by the other parent than the Court would decide the issues on it's merits.
Your daughter needs to get a lawyer if she wants a shot. I do not know any lawyers that work for free.
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