Legal Question in Family Law in California
I am writing on behalf of a friend who has raised his child with the mother's permission from the age of 4. The child is now 15 and the mother in all of those years has given them less than $100 and has only seen the son a couple of times a year. The father is the only one in the son's life, he has already completed some college courses, has gotten good grades in school up until this year. The father took the son to the mother for the Christmas holidays without buying him Christmas gifts because this semester he had mostly F's. While visiting the mother, the son alledged that his father was abusive to him, which I know for a fact he is not. The mother has filed charges against the father for abuse and is now trying to get the child and of course get some financial benefits. This is a woman who has just turned 40 I believe, but has not worked a day in the past 15+ years. Does she have a leg to stand on in getting the child if he decides he wants to stay with her.
Thank you.
1 Answer from Attorneys
the Child's wishes are just one factor that the court may examine in a custody dispute. The biological father if he disputes the change in custody will have a strong argument that he was the stable parent who provided stability for the child all of these years. The mother will have a difficult time modifying custody if she takes father to court. Child custody litigation for older kids is challenging because by the time the case works it way through the courts the child may be 18 already and then the whole process becomes pointless. You should consult with a local attorney to get some advice on what would be proper course of action.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
