Legal Question in Family Law in California

visitation/custody

I'm involved in a child visitation/custody battle. Initially, the judge gave me sole custody with NO visitation for him, based on his background and history of confrontations with my family. I was also granted a restraining order. Then another judge reverses the ruling, gives him visitation, throws out the restraining order, and threatens to take all of my children from me. Because of that threat, I tried to cooperate. But his pattern of harassment continued, so I relocated. Upon learning of my move, the judge granted him full custody of our daughter and tried to have me charged with kidnapping. But the D.A. refused because I was never served and he has a prior felony conviction (PC 273a -CA) against his own son which means he can't have custody (CA Family Code 3030). I don't know where I stand legally. How do I get the first ruling enforced? Can I bring a civil case against the second judge, or at least have her punished or removed from the bench because of the emotional stress she has brought upon me?


Asked on 7/20/07, 2:08 am

2 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: visitation/custody

I'll bet he's trying to avoid paying child support. These kinds of cases are extremely difficult. My first advice to you would be to move back to the area, if possible. You really should have asked the judge first before you moved.

If anyone out there is listening, this is really important. For the most part, if anyone is going to lie during a divorce, it's usually the female. Women tend to think that the way to initiate a divorce is to go after a restraining order. And women tend to try to go after most or all of the property. I'm sorry to say it like this, but in my experience, it's true. Men usually just want to divide it up and move on.

However, there is a small minority of men that do something even worse than what women do. Men who don't want to pay child suppport go after custody, even if it is to the detriment of the children. I have seen many cases like this, and usually after too many steps have been taken in court to be able to remedy the situation.

Usually, it starts with the dad lying about the mom, saying that she's unfit somehow, or that she's preventing the dad from seeing the kids. You have to jump in right at the very start and show the court what is really going on because before you know it, the dad has custody and almost everything you do can be made to appear as if you are crazy.

I have seen so many of these cases. I saw one mom lose her kids to a child molester. I saw another mom, who had had custody for 5 years after the divorce, lose her kids overnight. It's been 2 years and she still hasn't gotten the kids back.

If a dad tries to go after the kids, you need to get a lawyer ASAP. I'm not just saying this because I want to make money. Get ANY lawyer who is a referral from a good source. Don't hire just any lawyer. There are quite a few lawyers who just need to make a car payment and aren't strong enough to handle this type of case.

You cannot handle this on your own. Take my word for it.

We took a case like this that was in the beginning stages of the dad trying to get custody. He was alleging that the mom was interfering with his right to see his kids. He made up all kinds of b*llsh*t. We went in on an ex parte basis while he was waiting for his hearing and turned the entire case around and put him on the run instead. It's been almost a year and he's done. He has visitation, but he doesn't have custody.

GET A LAWYER. I'm serious. There's a good chance you will lose your kids if you try to handle this yourself. It's cheaper to pay a lawyer to handle it from the beginning and thwart this type of behavior then to try to unravel it after it's already been done.

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Answered on 7/20/07, 10:34 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: visitation/custody

You cannot sue the judge and it will be difficult if not impossible to remove the judge. You should not have moved away without either a court order or his agreement. Now you have poisoned the well. It will be difficult to reverse the situation. Retaining an attorney to represent you is your best option at this time.

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Answered on 7/31/07, 1:12 am


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