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We live in the state of California. Last year my

step-daughter was kidnapped by her...
We live in the state of California. Last year my step-daughter was kidnapped by her biological mother and taken to Texas. My husband and I located her and brought the child back and we have had full custody for the past year. Mom is now taking us back to court to increase her visitation. I have a few questions.1. The current court order states the child must have her own room and bed. Well her mom rents a room and doesn't have a room or a bed for the child. do the court really take the living situations into account when deciding custody?2. The mother claims my step-daughter ( who is 7) is afraid of her dad. She introduced drawings into evidence along with a note from the child. The document was analyzed by a handwriting expert and her opinion is the document is not in the child's handwriting. Will the judge take this seriously? have you seen any cases where this has happened?
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8/20/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Customer reply replied 4 months ago
great thank you

Good morning. I am sorry to hear about this. Yes, if the court ordered that the child have her own room and bed, it needs to be complied with. It was ordered by the Judge, so if the mother is failing to provide that, she could lose her right for overnight visitation. If this is at issue, you would want to question the mother and make her show and support the child has her own room. Moreover, if it is determined that the child did not write or draw this, the Judge will NOT consider it and the mere allegations alone by the mother, would not be enough for the Judge to simply believe the child is in hear. If needed, the Judge could order an evaluation for the child, so it could be determined if there are real issues and concerns or if the mother is basically telling the child these things.

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Customer reply replied 4 months ago
Thank you. We have a one day trial scheduled for next week and we are trying to see where to focus our case. How can we get mother to prove her living situations?The mother is a pathological liar... I mean lies about everything. She changes her story with every declaration she writes. Does the judge look at her credibility when it come to who he believes? We have provided the child with stability for the past year. Do they look at that?

You are welcome. The mother could be required to bring in a lease agreement or letter from the landlord with supporting photos, to show the conditions and layout of where she is living. Also, the Judge could ask the child, regarding the sleeping situation, when she is present. If you have evidence and know the mother does not have a room for the child, you need to explain to the Judge and show, how this is known. You can always attack the credibility of the mother. It is up to the Judge to review the facts and evidence and decide who to believe and what to believe, based upon the best interest of the child. The fact that the child has lived with you all this time and you place her in a safe and caring environment is very relevant. Moreover, increasing the visitation does not necessarily effect your custody and decision making and the mother may be entitled to more time with the child, as long as it does not interfere with school and anything else. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,447
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Customer reply replied 4 months ago
thank you

You are welcome

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