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P. Simmons
P. Simmons, Lawyer
Category: Family Law
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Experience:  16 yrs. of experience including family law.
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Everyone involved lives in LA, CA. My 23 year old son, has

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Everyone involved lives in LA, CA. My 23 year old son, has recently become a parent. My son wants to turn over his parental rights to me his mother, while he goes into the military. The mother of the child and him are not a couple any longer, and don't plan to get married. My 7-month old granddaughter lives with her mother. The military recruiter, has told him that he cannot go on active duty because he is not married and he has a dependent. My son is not interested in being in the reserves. That is the other option the recruiter spoke of.

He has a pending court date on August 22, 2013, with Superior Court of CA, down on Commonwealth Ave., in Downtown LA. The court appearance is to establish the amount of child support for my granddaughter. At this court appearance, would it be appropriate to bring this up in front of the judge. Or is this handled with a lawyer in a separate manner?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

This is something you can request the court to address. And a lawyer would be very helpful (it would not be helpful to "ask" the judge on your own...you need a lawyer to file a motion with the court so the judge can consider the issue)

Lets start with some background information...

Under current military policy, they are not taking "single parents"

This rule applies for induction alone...once a parent is enlisted, they can request to modify custody...and the military will not (actually can not) do anything to prevent this)

So your son needs, at this point, to modify custody to allow him to enlist.

And this is something an attorney can do for him...can file a motion with the court and explain to the court what is needed (that his custody be modified so he is not a custodial parent)

But the court is not going to give the rights fathers rights to the paternal grandmother...not unless there is some issue with mom...in order to give custody to a grandparent, the court would need to find both parents unfit...what you describe does not sound like that is the case.

That said, CA law WILL allow grandparent visitation. The court (the same court that is addressing support) can grant visitation to the paternal grandmother. Not the same as custody...but time with the child regardless. In order to obtain grandparent visitation, the grandparent must prove that visitation with the child would be in the best interests of the child. With dad preparing to enter military training, that should not be too tough to prove

SO, what you describe, I would have an attorney that can ask to modify custody (in favor or mom) to allow dad to enlist, and at the same time grant the paternal grandparent(s) have visitaion


Please let me know if you have more questions...happy to assist if I can
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26840
Experience: 16 yrs. of experience including family law.
P. Simmons and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your answer. Follow up question, what do you mean she, the mother of the child, can allow my son to enlist. Just so you know, the only reason, my son was considering turning over his parental rights, is so he can enlist. He plans on supporting his daughter $$, and he will state that in court. He just wants to be able to enlist and be on active duty.


 


So please clarify, what do you mean ? The mother needs to make a formal declaration, some type of document stating that she is okay with it, that eventually my son can present to the recruiter. Is that what you mean?

Expert:  P. Simmons replied 1 year ago.
Sorry for the confusion ma'am

The mom of the child could certainly help with this. If she would agree to modification of custody (and allowing you visitation) that would make the hearing much easier.

But mom's cooperation is not required.

If mom will not agree, your attorney will need to present evidence as to why the proposed changes are best for the child

Fortunately what you describe sounds like your son has a great case, regardless of what mom will or will not agree

All your son needs is a modification of the custody order.

Again, if mom will agree? Great.

If not, then the lawyer can present evidence to the court to show a modification is best for the child.


Please let me know if you have more questions...happy to assist if I can

Customer: replied 1 year ago.

Once again Thank you. One more question, I think it might be the last one.


 


In regards to myself, grandma, the visitation, is not an issue, and I don't expect it to become one. I babysit my granddaughter often, sometimes 3 days week, while the mom is either in a college class or at work at the supermarket.


 


So my question is, this modification of custody, is this something that only a lawyer can do ? Or can the Child Support agent that is assigned this particular case, handle this needed modification.


 


And if its only handled with a lawyer, should I find one as soon as possible and have them be their in court on the 22 of August. Or is this all paper work and we just present needed documents on that court date?

Expert:  P. Simmons replied 1 year ago.
Great question...

Or can the Child Support agent that is assigned this particular case, handle this needed modification.

Can they?

Sure...the agency uses attorneys to interface with the court...so they can do this.

Will they?

Not likely.

The practice in CA is to focus on support...NOT custody. So mom can request this...but I suspect they will refuse to do so (for policy reasons...again the policy is to focus on support and not custody)

Still, mom can ask.

But a lawyer can certainly do this

But they need to file a motion with the court...with a month out you have enough time...but you want to engage quickly...since as you get closer to the date it may be you have to set a separate hearing to resolve these additional matters.

The paperwork the lawyer needs to file is a motion to the court.

I would do BOTH modify custody AND allow you visitation.

If mom does not fight this? It will be easy.


Customer: replied 1 year ago.

Thank you, Thank you psimmions

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