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I legally still have custody over my daughters who I let…

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I legally still have...

I legally still have custody over my daughters who I let move back with their father in March of this year. They now reside in CA. No changes have been made by the courts as of right now. In June 2017, my self, my ex and his attorney met. We decided that child support would not be paid until the court had determined the amount, and based off of if the girls were to move permanently to CA after a child custody evaluation. So that is the first issue. Is that he claims his attorney is advising that he doesn’t have to pay for half of the children’s travel because I haven’t paid child support.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

I have not.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I still have the legal right to move my children back home if I wanted to since the last court ruling is still in effect?

Submitted: 7 months ago.Category: Family Law
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11/16/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,250
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Please take a moment to review my question and let me know if I need to clarify any part.
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. Generally, unless there is a court order, the parents have equal custody rights and responsibilities. This means that the law just generally requires the both of you to care for the children. You and the other party could agree that no child support would be paid until there was a court order that says how much you have to pay and you could also agree that he doesn't have to pay for the children's travel. The court will not intervene until you ask it to intervene. Accordingly, you still have the right to move your children back home if you wanted to since the last court ruling is in effect. Your private agreements are not generally binding and the court is going to go strictly off what the last court order said. Thus, if you moved them back, you would have a good argument that you did so consistent with the court order.

What other questions did you have for me today?

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Customer reply replied 7 months ago
the current stipulation states that the travel must be paid 50/50 or met 50/50. We generally purchase a ticket for one child and put the other ticket on hold for the other parent to purchase. I’ve already purchased one, asked my ex if he had purchased the other and he said “no, you can purchase both the tickets since you have not paid me child support since they moved back here.” What would you advise that I do? What happens if he will not send my children to visit me?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see what you mean. He can't use your non-payment of child support to quit his obligations.

You may want to consider just writing a formal demand letter advising that by not paying the ticket, he is in contempt of court and if he has an issue with the child support payment, then he must go back to court. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me?

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Customer reply replied 7 months ago
The last question that I have is, I am working pro-se and I am having a rather difficult time speaking with my ex-husbands attorney. I had written to her about the same matters that I have spoken to you about in regards ***** ***** child support claims. I sent her a screenshot of the text messages between my ex and myself where he states “words from my attorney” in regards ***** ***** I can pay for the plane tickets with his child support money that I supposedly owe him. I sent a follow up email to make sure that she had received the last email with the picture message to request clarification as to what was supposed to have been agreed on and set by the court. I can not get her to respond, as I believe she knows her client has boldly lied about the matter and has thrown her name into the mix that I would hope she is not dumb enough to I’ll advise something this heinous.
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

I can understand. The attorney is probably not going to confirm or deny anything they said to their client. Most of the reason is because of the attorney-client privilege and part of the reason may be because the client may be lying. Thus, if the attorney wants to avoid making things messier, then they'll just be quiet on it. In your case, if the court order says that he's supposed to pay, then he's supposed to pay. If he doesn't, he's in contempt. Your issue with paying child support is separate and unrelated so I would not worry about it. What other questions did you have for me?

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