are the children? How old is the daughter? What is your current visitation order?
My suggestion is to seriously consider asking for a change in the custody order. This would need to be brought by motion or OSC independent of the child support motion scheduled for 04/14, using forms FL-300 or FL-301, and FL-310.
Although there is no age at which children get to decide where they live, the court factors the wishes of a child into their decision. The older a child is, the greater weight their opinion has. A 16 year old almost always gets to decide where they want to live simply because they are almost adults and they could easily "run away" if they are ignored in these delicate situations. The fact that your contact is being restricted is the icing on the cake. I would definitely like your odds if you brought this back into court.
Let me know if I may be of further assistance. Thank you.
I plan to bring this back to court ASAP but I make less than $45K per year therefore hiring an attorney is somthing that I feel is very unlikely to happen. Thank you for your information. I plan to file the OSC asap before my support court date.
You are welcome. Please remember to click "accept" if you are satisfied with my service. Thanks!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).