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My son is in a custody battle and the court thru a BFA

Customer Question
My son is in...

My son is in a custody battle and the court thru a BFA awarded 50/50 custody. It is now time for school and the Judge has ordered a school evaluation however the mother is insisting on a full evaluation even tho the BFA was done and the Judge ruled and signed the custody papers. Mother didn't get her way and is continuing to bring up the same issues that were essentially ruled against in court. My sons attorney is insisting that a full evaluation is not necessary and is just being sought to drag out the case and cause more financial strain.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

There is a heaaring for the RFO for scholl evaluation.

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

Ca. She basically was denied all her requests and the Judge admonished her for her inabilty to coparent

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

Her and atty are vexatous and have drug the case out for well over 2 1/2 years.

Submitted: 3 months ago.Category: Family Law
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Answered in 1 minute by:
1/5/2018
Family Lawyer: LegalGems, Lawyer replied 3 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,568
Experience: Experienced Family Law Attorney
Verified

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

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Family Lawyer: LegalGems, Lawyer replied 3 months ago

Hello; I am sorry your son is having to deal with a custody battle; what is your specific question please?

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Family Lawyer: LegalGems, Lawyer replied 3 months ago

In the meantime I will get you information on requesting attorney fees.

Essentially a court may order attorney fees as a sanction, for conduct such as:

  • Files a frivolous action (something that clearly has no legal basis or merit)
  • Withholds required information or gives false information (like in financial disclosures or documents) or creates obstacles to resolving the case
  • Mishandles the couple’s community property or fails to disclose the necessary financial documents
  • Makes false accusations of child abuse

http://www.courts.ca.gov/33289.htm#acc33462

The idea is to award attorney fees to discourage future frivolous filings.

Here are the required forms:

http://www.courts.ca.gov/33289.htm

Here is the code that authorizes such an award:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=271.

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Family Lawyer: LegalGems, Lawyer replied 3 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

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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