Legal Question in Family Law in California

My ex wife and I have been divorced since 2002. We have two children together and since from 2005 to 2008 I had my daughter while she had our son. During this time we had sparatic involvement with my son as my ex has stated that he doesn't want to see me.

In 2008 my daughter went to live with the ex. In 2009 she came to live with my ex mother in law and had timeshare with my parents and I. Now my ex has moved approx. 4 hours away because of a domestic violence issue and has filed for welfare. The county she resides in is now coming after me. My ex has never asked for money and child support has been reserved.

I have two very recent emails that state until I pay her money she will not let me see or speak to my children.

Do I have a legal right to go into court and get custody of them? She also lets our son go with the person who has beaten her and is now a felon.


Asked on 3/02/10, 11:47 am

1 Answer from Attorneys

You always have the right to go into court and seek custody. Whether you get it or not is up to the judge who must determine what is in the best interests of the children. Unless she is violating a court order, she has no obligation to let you see your kids, though making money a condition of seeing them will not be viewed well by the judge in a custody hearing. You need to get the custody issue heard together with the support collection hearing, and get it all sorted out at one time. It sounds like this is messy enough that you really should at least get an attorney to advise you step by step, if not hire one to take over and represent you.

Read more
Answered on 3/07/10, 12:26 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California