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Brandon M., Family Law Attorney
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unique situation. I live in CA and my kids live in VA with

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unique situation. I live in CA and my kids live in VA with their father. Its been two years now since the roles of joint physical custody court order changed from me having joint physical to their dad due to a messy divorce I was going through. My daugheter has begun telling me that she wants tocome back to live with me in CA due to her dad being physical and mentally abusive. She also states that her steppmother does not provide suppor in thematter when this is going on. My daughter has told me she had informed her school of what is happening. I called the school and talked to the counselor and he validates her claims. I am not sure what is the best approach with this matter because I have a court date on 4/14/2010 in CA for child support. This being said im not sure if the court is going to take me serious. A few months ago my daughter took a handful of aspirin and is now on medication. The father is restricting contact with my daughter and my son but she contacts me on school break
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.

Hello there:

 

are the children? How old is the daughter? What is your current visitation order?

Customer: replied 4 years ago.
my daughter is 16 an my son is 14. Current visitation order is i get the kids every summer with alternating thanksgiving and christmas holidays.
Expert:  Brandon M. replied 4 years ago.

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.

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience: Attorney experienced in all aspects of family law
Brandon M. and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

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.

 

 

Expert:  Brandon M. replied 4 years ago.

You are welcome. Please remember to click "accept" if you are satisfied with my service. Thanks!

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