-HELP-----Family Law in CA

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Latest post Thu, Nov 8 2012 12:19 PM by nota-girlygirl. 6 replies.
  • Wed, Nov 7 2012 11:57 AM

    -HELP-----Family Law in CA

    Need some advice on the following situation. This is in the State of CA. Cannot afford a lawyer for this situation and don't have any where else to turn.

    A and B have a child together were never married. A and B relationship was toxic drugs and alcohol and domestic violence both have been arressted for. A left B when child was about 4 months old got clean and got it together. A met C when child was about 9 months old. A and C got married when child was 3 years old. A and C have a 1 year old child of their own. The first child is now 6 years old. In this span of time B  has had 4 other children and been arressted several times for domestic violence/drug charges and had many CPS visits.A and B had joint custody.

    A and C were on vacation in another state when CPS called and said you need to come get your child or he is going into foster care as B had been arressted yet again. B took a knife and cut childs arms up because he didn't do what she told him. A was given full custody and B was suppose to get supervised visitation. B had a excuse for missing scheduled visits and when did visit there was no supervision.

    B has lost all rights to other children. But not to this one. A and C have been going to court over this for awhile. They both have jobs and must take days off work and drive over 3 hours away. this week they requested a change of venue and it was denied.when they asked why the judge said he did not have to give a reason. B is blaming C for  the cuts to the child so the courts appointed a lawyer for the child. But the child lives with A and C.The child lawyer and B have a personal relationship they have drinks and dinners together. Also at the hearing the court said that they have to go back to joint custody. Actually it was a mediation process. C has been wanting to file papers to adopt the child but B won't give up her rights even though she has lost rights to her other children.

    My questions are: How can they get a change of venue? Can you not agree with mediation and go in front of the judge? How can you get the court to appoint an lawyer for the child in the county in which they live? Is there any way to get records from CPS about the other children so it shows a pattern? Are family court issues public record?

  • Wed, Nov 7 2012 12:12 PM In reply to

    Re: -HELP-----Family Law in CA

    "B is blaming C for the cuts to the child so the courts appointed a lawyer for the child."

    I'd like to think the father has the children's protective services report from the time, but never mind.

    "The child lawyer and B have a personal relationship they have drinks and dinners together."

    I presume that the father has pointed this out to the court.

    "How can they get a change of venue?"

    Doesn't sound like this is likely at the time being, but whether you can afford it or not, you need to use local counsel (or spend a WHOLE lot of time in a law library researching procedure and case law).

    "Can you not agree with mediation and go in front of the judge?"

    One is free to disagree with the mediator, I presume, and press forward in court.

    I'd presume that the father has in the course of the past pointed out that the mother doesn't have rights to her other children.  Whether relevant family court records are public or sealed would be something you'd check as to those particular records.  If you haven't even checked, that's odd.

  • Wed, Nov 7 2012 12:35 PM In reply to

    Re: -HELP-----Family Law in CA

    I'd presume that the father has in the course of the past pointed out that the mother doesn't have rights to her other children. Whether relevant family court records are public or sealed would be something you'd check as to those particular records. If you haven't even checked, that's odd.

    Yes he has but since he is not a parent ot the other children it has been deemed irrelevant.

    The child lawyer and B have a personal relationship they have drinks and dinners together."

    I presume that the father has pointed this out to the court.  Yes and he has been told its not his business.

    It feels like the court does not have this child's best interest at heart. And really he is the only one who will be hurt in the end. Also the father has to pay all  of B's legal fees since she can't work now. It almost makes you think that some counties might be corrupt.

     

     

     

  • Wed, Nov 7 2012 12:39 PM In reply to

    • DPH
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    Re: -HELP-----Family Law in CA

    nota-girlygirl:
    My questions are

    Probably unanswerable here because nobody knows any of the particulars of the case.  Your questions are best answered by a local attorney that is representing you in this case.  If the other side has an attorney and you do not know the correct legal procedures, you are likely to get run over and bloddied before this is all over.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Wed, Nov 7 2012 6:21 PM In reply to

    Re: -HELP-----Family Law in CA

    Nothing in your post suggests any proper basis for a change of venue.  Moreover, you said the court already denied a request.  Judges tend to get annoyed when folks continue to request things after being denied.

    nota-girlygirl:
    Can you not agree with mediation and go in front of the judge?

    I don't really understand the question.  If the parties were ordered to mediate, then they need to mediate or risk the judge's wrath.  If they were not ordered to mediate, then they don't need to do so

     

    nota-girlygirl:
    How can you get the court to appoint an lawyer for the child in the county in which they live?

    You said the court already appointed a lawyer for the child.

     

    nota-girlygirl:
    Is there any way to get records from CPS about the other children so it shows a pattern?

    You can serve a subpoena.

     

    nota-girlygirl:
    Are family court issues public record?

    Family court, yes.  But the sorts of records you appear to want may be in juvenile court, and those files are not publicly available.

  • Wed, Nov 7 2012 6:22 PM In reply to

    Re: -HELP-----Family Law in CA

    Nothing in your post suggests any proper basis for a change of venue. Moreover, you said the court already denied a request. Judges tend to get annoyed when folks continue to request things after being denied.

    nota-girlygirl:
    Can you not agree with mediation and go in front of the judge?

    I don't really understand the question. If the parties were ordered to mediate, then they need to mediate or risk the judge's wrath. If they were not ordered to mediate, then they don't need to do so

     

    nota-girlygirl:
    How can you get the court to appoint an lawyer for the child in the county in which they live?

    You said the court already appointed a lawyer for the child.

     

    nota-girlygirl:
    Is there any way to get records from CPS about the other children so it shows a pattern?

    You can serve a subpoena.

     

    nota-girlygirl:
    Are family court issues public record?

    Family court, yes. But the sorts of records you appear to want may be in juvenile court, and those files are not publicly available.

  • Thu, Nov 8 2012 12:19 PM In reply to

    Re: -HELP-----Family Law in CA

    my questions are refering to the county in which the child now lives. Why does the child need a lawyer thats over 3 hours away and having drinks and dinner with the mother that caused the child actual harm? which got her other children totally taken away from her? Who has the child best interest?

    my question is if you don't agree with mediation what can you do?

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