Legal Question in Family Law in California

You need to file an OSC re: modification of custody and support. You should be able to obtain the forms at the court or on the court's website. As part of the OSC (Order to Show Cause), you will need to give a full declaration of the situation.

To explain the eviction, you can get a certufued copy of a judgment or you can ask the court to "take judicial notice" of the judgement. Bottom line: make your explanation as clear and complete as possible.

Don't forget to ask, also, for a modification of support, if you are paying child support or spousal support to your wife. If you get full custody or even a larger percentage of custody, it is likely that your support obligations will decrease.

Also, if you think that your children would not be safe under your wife's supervision, then you can ask the court to grant her only supervised visits, i.e. time with the children, when there is another adult present. The adult can be designated, specifically, if you like. (For example, you might choose your wife's parent, if the parent is trustworthy.)

Because of the urgency in keeping your children safe and complying with the existing custody order, you will want to move quickly on this matter. If you can afford an attorney, you would be well served to obtain one.

My office an be reached at [email protected], if you have any questions.