How do I go about trying to get full custody of my two minor children? 5 Answers as of February 23, 2012
How do I go about trying to get full custody of my 2 minor children? I've been divorced from their mother for approximately 11 years now and she continues to lie to me and the children. Besides not abiding to certain details of the divorce decree she is unapproachable to discuss anything in a dignified manner and refuses to answer any of my phone calls. Am I fighting an uphill battle? Does it matter if the children have expressed interest in living with me? What do I need to do to prove she is unfit?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click herePeyton and Associates | Barbara Peyton
You need to file a motion to modify the current parent arrangement and demonstrate to the court the problems you are having. You will probably do better if you have an attorney for this kind of case.
Answer Applies to: California
Replied: 2/23/2012
Diefer Law Group, P.C. | Abel Fernandez
If the children express a desire to live with you, it does matter especially if the children are of sufficient age and maturity to state a preference. You should file a modification request and go to court to change the orders. You will also need to find the proof of the fact that she is unfit and present it at the same time.
Answer Applies to: California
Replied: 2/21/2012
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Child Custody cases are fact-specific. Whereas you have indicated that your ex-wife won't answer your phone calls?and won't discuss anything in a "dignified manner", you haven't provided any specific facts in your question that would enable me to give you a definitive answer. The relevant facts could include evidence of your own appropriateness as your children's father, and evidence of your ex-wife's inappropriateness as your children's mother. If the children desire to be in your custody, the Court could hear their requests and reasons. You would best consult with and retain an experienced Family Law Attorney if you desire to obtain your children's sole or primary custody.
Answer Applies to: California
Replied: 2/21/2012
Michael Apicella | Apicella Law and Mediation
You can file a motion with the court requesting a modification of custody. As for what details to include in your motion paperwork, you should hire a local family law lawyer to help you craft the motion, as well as explain all your rights relative to the specific facts in your matter. Such info can't be provided in this Q&A format. If you can't afford a lawyer, you can get free help from the court's legal self help center. Information about the legal self help center should be on the court's website.
Answer Applies to: California
Replied: 2/21/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
If you feel it's in the children's best interests to change the parenting plan, you should consider filing a motion to change custody. I urge you to meet with an experienced family law attorney to explore your legal options
Answer Applies to: California
Replied: 2/21/2012






