Legal Question in Family Law in California

Re: Visitation Modification

If you file an OSC in pro per (without an attorney) you will probably need to make several trips to California. I would probably be cheaper to hire and attorney and certainly you would be better off. The judge will consider where your daughter wants to live but will give appropriate weight to her desires depending on her age and maturity, which at 10 years old is not much weight, but is some weight. Good Luck, Pat McCrary

Re: Visitation Modification

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say you need to ask the court to issue an Order to Show Cause (OSC) and to set a hearing date on it. You will also have to file an Application for Orders, a supporting declaration, Income & Expense Declaration, a perhaps a Declaration RE UCCJEA All of these plus the appropriate blank response forms will need to be properly served upon the father by a third party. A judge could award custody to the father if doing so is in the best interest of the child(ren). The judge ususally gets input from the child(ren) by appointing a Minor's Counsel and/or a mental health professional to conduct a custody evaluation under Ev Code �730.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Visitation Modification

Yes, you are right, an OSC is the right form, it stands for Order to Show Cause. I have helped a few other clients from Neveda with family law problems and I would be happy to discuss the matter with you in greater detail if you wish to give me a call.--Depending on the facts, you might even be able to transfer the case to Neveda.

Michael Burt

(213)384-2220