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Ask Lawyer Lori Your Own Question

Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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1. In opening up a family law case after a dependency case

Customer Question

1. In opening up a family law case after a dependency case has closed, how likely is the court to return the children to the original primary caregiver?

2. How likely is the court to grant the primary caregiver (mother) sole legal and physical custody?

3. When you file a motion and the respondent is not served within the 30-60 day time frame, and neither party showed up on the court date, what is the process for bringing the motion before the court again?

4. What are major determining factors to show the court that the other party is not serving the best interest of the children?

5. Where do you look to find the rules of court on serving the other party and the time frame to do so?

6. Are there form books to guide you in a family law custody and visitation case?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 4 years ago.

Lawyer Lori :

Can you tell me a little about the dependency case? What was the result?

JACUSTOMER-y1g33wgx- :

Ms Jan has three children ages 2, 6, and 9. The 2yr old is currently in her custody full time and has unsupervised weekend visits with the others. The issue; the 2yrs old has issues with consuming milk sense birth……by age one no solution was found, during a hospital visit Ms Jan was irate with the doctor because she disagreed with his decision something Ms Jan has done or hear a million time she was looking for a solution. The doctor became irate and called Child Protection Services (CPS) the 1yr old now 2yrs was removed from the mother (Ms Jan) (15 months) while at the hospital and 6 yrs was taken as well months later because the 6 yrs old was in moms care at the time. The 6 and 9 yrs have the same father, and the 6 yr old was not visiting father at this time while the 9 yr old was living with dad. Prior to going with dad the 9 yr old lived with mom and was receiving regular weekend visits until mom missed a Sunday pick date causing the 9 yr old to miss school for a week Ms Jan went to pick up the 9 yr old he and dad were not there. The father lives in Vallejo, CA while Ms Jan lives in Sacramento, CA…….she is a single mother of three and was going through stressful time catering to her sick one yr old that how she lost custody of the 9 yr old by missing that Sunday pick up date…. The 6 yr old was not visiting her father why I have no idea.....Ms Jan wants her two children back full time. The 9yr lived with his mother for more than 80 percent of his life I disagree that one mistaken or three different mistakes should not allow Ms Jan not to have all three children back together. 1. She gave her baby regular milk, 2. Missed a pick up date, and 3.married a man already incarcerated the 2yr old father they are now divorced he does not see his 2yr, any of the other children (not his) or Ms Jan no contact what so ever. Ms Jan is a student majoring legal assisting, planning for a BA in communication, and law school. Her current income is loans, financial aid, grants and scholarships and rent is set at $0. She is currently paying $280 mo for the 6 and 9yr living in Vallejo, CA and has to drive there and back every weekend……when the 9 yr old was in her custody she met the father in Vacaville. There has been a two year period where the father of 6 and 9yr had no contact only when accidentally seeing them in a store or the mall. The father quiets his job just to avoid child support. Moreover; the father got on Welfare immediately after the children was in his custody. The father works now with limited transportation he live with his sister and many unknown in the household. The 9yr old was doing fine in school while with mom now with dad the 9yr old my have to repeat a grade in addition the father is hardly ever at home. Ms Jan currently see's the children on the weekend, but has not seem them in three weeks

Can Ms Jan win her case if taken to court?

What would be the minimum to maximum legal fees to take this case?

Lawyer Lori :

I'm sorry, I do not feel that I can adequately respond to this question, so I will opt out and let another expert handle it. Good luck to you.

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