California Child Custody Legal Questions

Defamation is a 'disfavoured cause of action,' in the US, presumably because people believe in a free country they should be free to say anything degrading about anyone and as a matter of public policy, it's a good idea to make it hard for people to successfully accuse others of defamation. If you sued him for defamation, you would (a) probably lose; (b) go to considerable expense both financially and emotionally; and (c) even if you won, could he pay any judgment large enough to pursue? Adultery is something contemporary family courts do not really want to hear about. The personal morality of a spouse or ex-spouse is generally irrelevant to divorce decisions. Exposing children to adult sex, however, is frowned upon. But surely you'd want to confront him with the facts and demand that he stop, rather than rush into court? Find an experienced matrimonial lawyer and discuss the whole matter with him or her, with all the details.... Read More

I don't understand how neither of you could have custody, when you have 77% placement. Presumably that came from a court order which also determined legal custody. First, consult the lawyer who represented you in the divorce. He or she knows more facts than this site could develop. Your lawyer will probably suggest you bring an Order to Show Cause for Contempt against your husband. Document a demand for the return of the children by sending him a polite but firm demand letter, certified mail, return receipt requested, stating the dates and facts, and citing whatever part of your Marital Settlement Agreement or the divorce judgment which governs the situation. Insist they be returned within, say, 72 hours of the date and time of the letter If he does not comply, use the contempt power as soon as you can after the expiration of the time. Retaining a skilled matrimonial attorney would be a very good idea. Good Luck.... Read More

You also aren't a pediatrician. I advise you to try one night with agreement that your child can communicate with you by phone/webcam if your child seems to be distressed and/or if you so request. If that works you can then work on one or more additional overnights per week. But, everyone must remain cognizant of the child's need for stability. If you are breastfeeding still I'd be less enthusiastic about overnights at least without Dad having special gear to mimic you.... Read More

Your child has the right to frequent and regular visitation with each parent during the separation unless such regular visitation would not be in his best interest. The schedule that the Judge determines (in the event that the two parents are unable to agree on a schedule) will be based on the information received from both parents, the Judge will consider what schedule would be best for the child, but he/she will consider several things to determine best interest: safety, consistency, past schedule, relationship that the child has with each parent, and the general rule that children should see each parent regularly, unless there is a danger with one parent.... Read More

The best help I can give you is to suggest that your parents consult an experienced family law attorney in the county where they live, and very soon. While in general the question the courts must answer is what is in the best interest of the child, parents do have certain rights. They may not be inalienable, but they can be hard to defeat. The lawyer hey consult might suggest an action for custody, or perhaps a guardianship. Or may have some other ideas. But consulting and retaining one promptly is very important. A promise to let someone have custody of a child is not usually enforceable but again, the course of action which is in the child's best interest should prevail. Good Luck to all of you.... Read More

Immigration law has become quite complex and specialized. You'd do best to consult an immigration lawyer. You can find one in the Yellow Pages, or online (try Avvo.com), or from a friend. I wish I could help, but someone well-versed in immigration law could help a lot better. Good Luck.... Read More

You hopefully have a court order outlining this arrangment clearly.  If so, he has the option of calling the police to enforce his orders.  I would strongly suggest that before he involves the police he text her a curteous and clear message at 9:00 a.m. that he is waiting outside and to please send the children out.  Repeat at 9:10 a.m. If no response, if he can go inside and request that she be brought out at the reception desk he should do that.  If those efforts are unsuccessful he should call the police to gain her compliance.  Again, all this assumes that he has a clear and enforceable parenting order with this holiday schedule expressly outlined.  If not my advice might be different. Good luck to you both.  . ... Read More