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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31017
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was granted sole legal and physical custody and was permitted

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I was granted sole legal and physical custody and was permitted to move to Texas with my children. I represented myself. our next hearing will be on the 7 th and my husband hired his own Atty. to represent him for child support and custody to bring kids back to CA. I have no money as I just started a job here Feb 1st so I will be doing the telephonic hearing on the 7th. what are my chances in getting child support and custody?
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

Unless your husband can prove some material change in circumstances, he has no grounds to seek custody from you. Thus, he would have to prove that you have been convicted of a crime, have gotten remarried, have a substance abuse problem, committed child abuse, etc. to warrant a modification of custody. A move would be grounds, but if the court approved the move, that should not be an available basis to seek custody.

Also, if you are the custodial parent, you're entitled to child support - botXXXXX XXXXXne.

Thus, unless there has been some significant event that warrants a change, you should be fine.
Customer: replied 4 years ago.
what I filed when asking permission to the court was an osc to moveaway,espousal and child support and for him to pay for our vehicle. the judge granted the move away and scheduled the child and espousal support on the 7th of this month. he responded to my osc by his lawyer submitting a responsive declaration to order to show cause. by saying he was decieved and that I did not have a job and that my move tovtexas was because of my boyfriend and he hacked my email and printed my emails that it was planned. yes I planned to divorce him already but he knew about it and was trying to get back but I did not want to anymore. he knew of the job because I told him I was going tovtexas for my interviews to three companies.? that he knew but when we were in court I had my offer letter to show the judge. will appearing telephonicaly hurt my case. base on the explanation I just wrote will the judge remodify? given my children already has adjusted here in Texas and both are going to school already..
Expert:  Roger replied 4 years ago.
First, it would be better for you to appear in person, but it's not mandatory and it should not impact the ultimate decision.

Also, if the judge has allowed you to go, it's not likely that he'll change it unless there has been some material change in the situation. You can't stop the husband from complaining or challenging your move, but he's going to have a tough time trying to overturn the court order.

Also, hacking into your email is illegal and he should not be allowed to use illegally obtained evidence.

The judge must do whatever is in the child's best interest, and that's not likely to pull the child out of school and away from a location they just got adjusted to. Unless the father can prove the children are in some kind of danger, your chances are much better than his.
Customer: replied 4 years ago.
as much as I want to appear. in court personally, I am not financially capable right now as I am soely supporting my two sons and the father has not given support eversince we separated. so I am just trying to make both ends meet. do I need to reply to his response. is it too late? the only thing I filed was my income and expense declaration as told by the judge. do I need to file other papers?
Expert:  Roger replied 4 years ago.
Understood. I don't think it's a huge issue if you don't appear in person. If it were to the judge, he would require your presence.

Also, you should reply to the response - even if you're out of time (local rules set deadlines - usually, replies are due 5 days from receipt of the response), you can still reply. The worst thing that can happen is the judge says it is untimely and that you can't use it. That's no big deal and you can still argue the content of your reply.

You don't need to file anything except what has been directed by the court.
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