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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3471
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My sons Mother has been out of his life for 2 1/2 years. he

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My sons Mother has been out of his life for 2 1/2 years. he is now 10 years old and she showed up out of no where at his baseball game. Emotionally he is stressed out and is even asking his teacher what would happen if she showed up at his school, worried she might take him. We have 50/50 legal and 80/20 physical, but she has never exercised her rights. Should I try for Sole Legal and Physical? I live in California

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

Has she interacted at all with him in the last two and a half years?

Customer: No. Not at all. The last time they communicated, he asked her to stop lying to him and making him feel guilty. She never called back. She has a 5 year old and a 14 year old as well, my son said he wouldn't mind seeing his brothers, but only says that when you ask him about it, never brings it up on his own. But is not interested in seeing his mom.
SoloLawyer :

Thank you. The court looks at the "best interests of the child" when making the decision to modify custody. In this case, it appears ( on the surface ) that th child would be better off without the other parent involved. Random intrusions like this really mess with kids' psyches. I think you would be successful if you attempted to modify custody.


Thank you, XXXXX XXXXX point with the child being 10 years old, would they put him through answering difficult questions? His mother told me that if our son did not want her in his life, she would sign over her rights to him. I am not sure if that is legal or possible, but I told her I would not ask him to make that decision.

SoloLawyer :

He is most likely a little too young to make his own decision. Although "maturity" is the ultimate guide the court uses, 12 years old seems to be the age at which children's decisions start being taken into consideration.


Thank you

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