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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9679
Experience:  Experienced Family Law Attorney
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I had a few questions regarding my childs custody, yes as of

Customer Question

Hi! I had a few questions regarding my childs custody
JA: Who has legal custody? Is there a child custody order in place?
Customer: yes as of right now we both have 50/50 legal and physical
JA: Has anything been filed or reported?
Customer: Well we've gone to court and the judge granted me the 50/50. Is that the same as filed?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well its really about the communication. My child's mother just got married. Her husband cut off communication between her mother and i completely. told me that if i need to contact her about anything I would have to contact him. He blocked my number on her phone and all. My childs mother and I have been awesome at co-parenting but since the marriage it all went down hill. Just wondering if i even have a case? I just want to be able to communicate with her mother. The only thing we discuss is my daughter.
Submitted: 2 months ago.
Category: Family Law
Expert:  LegalGems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 2 months ago.

What state is this in regards ***** *****?

Customer: replied 2 months ago.
Thank you! California
Expert:  LegalGems replied 2 months ago.

Thank you; the current court order remains in full force until it is modified by the court, and the court has jurisdiction to modify child support and custody issues until the child reaches adulthood. As such the parent can bring a motion requesting that communication regarding the child is to be conducted between the actual parents, and that step parents and other third parties are not to be a part of such conversations.

When making any modifications the court will look to see if there was a substantial change of circumstance, and if the requested modification is in the child's best interest. Normally if there are no protective orders the court will expect the parents to work together to communicate for co-parenting purposes.

If the court determines that the step parent is engaging in parental alienation and the other parent allows it, that can negatively impact their time with the child as that is considered against the best interests of the child and can result in an appropriate modification.

Some people will first attempt mediation-similar to counseling except the mediator "facilitates" the parties to communicate and come to their own solutions as they are then more likely to honor them. That can help as litigating of course can harm future co -parenting.

Here are the required forms for requesting a modification:

http://www.courts.ca.gov/1187.htm

One can specify the mode of communication preferred-phone, email, text, etc

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 2 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html

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