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  1. #1
    Join Date
    Jul 2013
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    1

    Default Mother is Seeking Modification of Custody, Alleging Abuse

    My question involves a child custody case from the State of: California

    In 2012, Children's Court awarded me (fATHER), sole legal and physical custody of my son and visitation on Sundays 1 pm - 4 pm... Prior to that there was an order of JOINT/JOINT from 2008, alternating weeks. Mother has filed a petition in Family Court to modify the order requesting sole legal and sole physical for herself and weekly visits for me Fri - Sun.
    Children's court removed my son from her home based on many reasons... Child Abuse (Physical and Emotional), Neglect and a bunch of other referrals. At one time we were suppose to exchange custody and I did no hear from her for 4 days. at that time, my son had a social worker in his life and time after time her summaries stated "mother is not in compliance" and was totally opposite when it came to me "father is in total compliance".

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Mother is Seeking Modification of Custody, Alleging Abuse

    What's your question?

  3. #3

    Default Re: Mother is Seeking Modification of Custody, Alleging Abuse

    Mom can petition the court for the sun and the moon too. Doesn't mean the court will give her what she's asking for. If the court has already adjudicated that the child's best interest is served by you having primary custody, the court isn't going to change that now just because mom asks. There will have to be some SUBSTANTIAL reason or change in the child's circumstances before the courts are going to shake up the child's life again. The court isn't going to care that mom might NOW be ready to play parent.

  4. #4
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Mother is Seeking Modification of Custody, Alleging Abuse

    Quote Quoting D Berg
    View Post
    My question involves a child custody case from the State of: California

    In 2012, Children's Court awarded me (fATHER), sole legal and physical custody of my son and visitation on Sundays 1 pm - 4 pm... Prior to that there was an order of JOINT/JOINT from 2008, alternating weeks. Mother has filed a petition in Family Court to modify the order requesting sole legal and sole physical for herself and weekly visits for me Fri - Sun.
    Children's court removed my son from her home based on many reasons... Child Abuse (Physical and Emotional), Neglect and a bunch of other referrals. At one time we were suppose to exchange custody and I did no hear from her for 4 days. at that time, my son had a social worker in his life and time after time her summaries stated "mother is not in compliance" and was totally opposite when it came to me "father is in total compliance".
    Custody is not going to change unless there is a significant change of circumstance in the child's life. Make sure you file your answer asking that her petition be dismissed on the ground of no change in circumstance in the life of the child.

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