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  1. #1
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    Mar 2019
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    Default How to Modify a Custody Order if the Child Isn't Living With the Custodial Parent

    My question involves a child custody case from the State of: CA. First off i had a DVRO put on me on 09/29/2016 here in Sacramento,CA. I have been in compliance of the RO at all times. Second i filed a request of order on 12/31/2018 and when to mediation on 01/17/2019 and a court date on 02/05/2019. When trying to suver her found out that she wasn't living in CA. any more.So on the mediation date she had called in to the mediator and told her that she doesn't live in CA. any more. the mediator put her on speaker phone and we came to an agreement that i would write my daughter and to send this letters to her moms house and her mother would forward the letters ( she had them sent back to sender ).On the court date the made orders that i write my daughter. Now i have found out that my daughter is living with some friends of her mothers in PA. and she is back here living with her boyfriend in sac. Can i file an ex parte to get either custody of her or at least get her back to CA. so i can get some sort of visitation going. THANKS

  2. #2
    Join Date
    Oct 2006
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    15,123

    Default Re: Modifying Custody Order Out of Ca

    Quote Quoting akchad
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    My question involves a child custody case from the State of: CA. First off i had a DVRO put on me on 09/29/2016 here in Sacramento,CA. I have been in compliance of the RO at all times. Second i filed a request of order on 12/31/2018 and when to mediation on 01/17/2019 and a court date on 02/05/2019. When trying to suver her found out that she wasn't living in CA. any more.So on the mediation date she had called in to the mediator and told her that she doesn't live in CA. any more. the mediator put her on speaker phone and we came to an agreement that i would write my daughter and to send this letters to her moms house and her mother would forward the letters ( she had them sent back to sender ).On the court date the made orders that i write my daughter. Now i have found out that my daughter is living with some friends of her mothers in PA. and she is back here living with her boyfriend in sac. Can i file an ex parte to get either custody of her or at least get her back to CA. so i can get some sort of visitation going. THANKS
    I seriously recommend that you get an attorney on board. However, how old is your daughter?

  3. #3
    Join Date
    Mar 2019
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    3

    Default Re: Modifying Custody Order Out of Ca

    she is 14.

  4. #4
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    Sep 2005
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    98,830

    Default Re: How to Modify a Custody Order Out of California

    You should consult a lawyer about filing a motion, and for a full review of the facts and history of the case in order to assess your chances of success.

    It's not clear why your communication with your daughter is limited to letters -- and whether the issue of her living apart from her mother was addressed during that prior hearing. It's not clear why your daughter lives in Pennsylvania. It's not clear what your daughter wants, and at 14 it's reasonable to expect that going to have an opinion (if forced to come back) as to whether she would prefer to live with you or with her mother.

  5. #5
    Join Date
    Apr 2019
    Posts
    1

    Default Re: How to Modify a Custody Order Out of California

    It is not necessary to go to court to settle a child custody dispute; in fact, only one to two percent of custody disputes go to trial. Child custody cases can be worked out during mediation. This may work out in your best interest, as you and your spouse have control over the situation, rather than a judge who does not understand your circumstances.

  6. #6
    Join Date
    Jul 2018
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    1,068

    Default Re: How to Modify a Custody Order Out of California

    Quote Quoting Bernardclark
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    It is not necessary to go to court to settle a child custody dispute
    It is if you want an enforceable order.


    Quote Quoting Bernardclark
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    in fact, only one to two percent of custody disputes go to trial.
    Maybe, but "going to court" and "going to trial" are very different things.


    Quote Quoting Bernardclark
    View Post
    Child custody cases can be worked out during mediation. This may work out in your best interest, as you and your spouse have control over the situation, rather than a judge who does not understand your circumstances.
    Mediation works if the parties want it to work. If the matter is submitted to a judge for decision, it is up to the parties and their lawyers to ensure that the judge does understand the circumstances.

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