i have three children witch the father has custody and im trying to get them back with me. i live in san jose,ca. and they are in riverside,ca. how do i go about getting them back?
2007-03-25 09:26:05 · 6 answers · asked by luvsilklegs 1 in Politics & Government ➔ Law & Ethics
Talk to a lawyer. It depends on what you did to lose them. Most states are very pro Mother. I know in Texas at least to lose your kids you have to be pretty messed up. If that's the case, you will have to show proof that you've changed and again I cannot stress enough....get a lawyer!
OK wait, are you the father or the mother? Your avatar is a guy but you said father, so I am confused. If the father, she pretty much has to be a crackhead or you have to show her as an unfit parent.
2007-03-25 09:30:06 · answer #1 · answered by Juicy Fruit 4 · 2⤊ 0⤋
It depends on what your relationship with the father was.
If you were married and are now divorced, you need to file an OSC for modification of child custody in the divorce case, where ever that was filed. That court has continuing jurisdiction over the child custody until someone moves to change it. If there was a paternity case - same deal - you need to file an OSC where ever the paternity case was filed.
If you were not married to the father and a case has never been filed, you need to start a paternity case in Riverside. You can contact the court in Riverside for assistance, or you can even go down to family court in San Jose and they will assist you for free. The family law clinic is on the bottom floor of the family court in downtown San Jose.
It is always good to consult an attorney who can explain all the options to you. Also, if you and the father can come to an agreement, that is even better (and cheaper).
2007-03-25 09:37:02 · answer #2 · answered by EthanHunt 3 · 0⤊ 0⤋
I have delt with this myself the best way is to move right next door if you do this the court will almost always give you joint custody its harder to get sole custody then joint custody
nothing else matters but the health of the children the court wont care about your job travel etc... you have to show your committed to your children and willing to sacrifice for them i recommend a book called father courage by Suzanne Levine pub. Harcourt inc ,if you sacrifice a lot and they nothing the court will side with you in almost all things. they gave me everything i asked for but i made sure to talk about whats best for the kids and tried not to bring up the others parents faults if they have any the will show it them selves in court the judges know when someone is lying or being mean to win.
if they have a lawyer find out if he or she has any judicial references if they have none the judge will barely listen the the lawyer and talk directly with the other parent if they are established lawyer then get you own some one who goes before your judge all the time and is recognized and respected in the courthouse.
you can find this out by going to your court house web sight and doing a party search it will tell you all kinds of stuff bout your ex the judge and the lawyers if it is a small town go to the court house file clerks office and request one there might be paper work or there might not be depends on the court house.
2007-03-25 09:49:45 · answer #3 · answered by Anonymous · 1⤊ 0⤋
you will have to retain a lawyer and make a court action to change the terms of the custody, this may or may not be granted depends on things like has their been a change in circumstances of either party? etc
2007-03-25 09:38:34 · answer #4 · answered by goz1111 7 · 0⤊ 0⤋
Be a good person and then call a lawyer, should just be some paperwork to do.
2007-03-25 09:38:54 · answer #5 · answered by Luis 6 · 0⤊ 0⤋
Email: Admin@realmofx.com
I know CA law and can advise you on what to do.
2007-03-25 11:47:23 · answer #6 · answered by Anonymous · 0⤊ 0⤋