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My daughter is in a bitter custody battle to where the

Customer Question
My daughter is in...

My daughter is in a bitter custody battle to where the father wants complete control and custody of their six year old daughter

Lawyer's Assistant: Family law varies by state. What state are you in?

California

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

Not yet, prior to a year and a half ago they shared 50/50 custody and worked very well for the best interest of the child. When his significant other moved in then found out she was pregnant everything changed. His goal is for them to raise the child and push my daughter out of her life

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

Currently she only has her every other weekend since she had moved more than 26 miles from her school but she is moving this week within the allowed mikes from her school. She is now in the position to request she gets her 50/50 custody back. How does she go about this?

Submitted: 4 months ago.Category: Family Law
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11/29/2017
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 30,885
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Was this court ordered or an informal agreement with them?
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Customer reply replied 4 months ago
Court ordered, they have been back and forth to mediation and the father wants all of these court orders to micro manage their daughter and her care so yesterday the judge was very frustrated with the father due to him stating constantly accusing mom of not being a good parent so the judge is setting a date for an evidentiary hearing. Since my daughter is constantly being taken to court she has not been able to request an order to get her time back. Can she do this now prior to evidentiary hearing?
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Thank you for the reply. If she now wants to change custody and get her time back, a motion to modify it would need to be filed. The evidentiary hearing would be limited to the scope of what it is being heard and held for but it does not mean she can not modify the order and ask for her 50% time back.

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Customer reply replied 4 months ago
she just needs to file motion to modify? Is this a different form than a request for order?
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

If there is an order in place now and she wants to change it, it needs to be modified. If what she wants has been ordered and the father is failing to comply, she would want to enforce it and ask the Judge to compel he comply or she needs to try and have him held in contempt.

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Customer reply replied 4 months ago
The court order is being followed currently. She just needs to file what is needed to get her time back, they previously had a 5-2-2-5 schedule and first it was changed so that the father who works from home would have her before and after school on My daughters days as due to her early work schedule she was going to daycare before and after school. This was a huge mistake due to Michael then feeling in complete control. When she had to move further than 26 miles from her school due to being laid off, she then lost her weekly time and only weekends. She gave a proper 45 day notice that she is moving Dec 3rd so she will now be within the 26 miles from her school.
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

She would need to modify it, if she wants to change the current order that is in place.

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