• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

California father needs help with child custody issues.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Markstein

New member
A friend of mine, living in California, is currently having an extremely difficult time with life right now and is so depressed that he doesn't care much about anything, including doing any kind of research to help with his current situation, which brings me here as I'm very concerned about him. He is more than willing to "listen" to anyone trying to help him, so I'm hoping I can get some information for him to pursue.

I will try to make this detailed but as short and to the point as possible by explaining with a list instead of drawn-out paragraphs.

  • A mother and father were in a relationship for nine years. They never married, and they have two children together (boys ages 3 and 6).
  • The mother and father ended up splitting up, and the children have lived alternating weeks with each parent located in different cities. There was no paperwork, custody battle, etc. The mother and father agreed on this themselves, and it has been this way for some time now. The father has been the one to pick up and drop off the children every single week, as the mother is always "too tired" or finds some other excuse.
  • Even though the mother and father agreed upon this 50/50 custody arrangement, the father has been the one to pay for everything the kids need, such as school clothes, supplies, haircuts, etc., as well as loads of things they don't "need" such as a plethora of toys, tablets, etc. And of course, all of the "good" clothes he buys somehow end up staying at their mothers while they are sent to the fathers in old, worn out clothes.
  • While the children are at the mother's one-bedroom apartment, they spend most of their days watching TikTok videos on their tablets, so the mother doesn't have to deal with them (plus she is stoned or high all of the time). If they are not at the mother's apartment, then they are doing the same thing in the apartment next door, where their aunt and uncle watch them frequently.
  • While the children are at the father's house (4 bedrooms), they do things such as play inside with their hundreds of choices of toys or are outside in the backyard playing on their 20-foot trampoline while the father is on the deck the entire time. The children are also taken on frequent trips to the park. They are allowed to use their tablets for a short time every day. (unfortunately, the 6 year old still asks every 30 minutes if he can get on his tablet no matter what they are doing.).
  • The mother and father have taken turns each year claiming the kids on their taxes. This year, the father claimed the kids, as it was his year to do so. The mother now claims it was her year and had threatened to take the father to court.
  • The mother and father argued about this for a few weeks via text messaging. The father was still picking up and dropping off the children as usual until 7 weeks ago.
  • 7 weeks ago, on a day the father was to pick up the children for his week, the mother notified the father via text message that she had "talked to the cops" and she stated that she no longer had to let him pick up the kids and would be taking him to court. Living in California, along with any situation that involves children, it seems any father is automatically guilty until proven innocent. So now, all of a sudden, the father hasn't been able to see his kids or even be allowed to talk to them on the phone for 7 weeks and counting. All because "she said so"...???? No paperwork, no police reports, nothing. Wow!
  • A few days ago, the father was served paperwork that the mother filed with the courts. The mother has claimed domestic violence and child abuse and filed for a restraining order where the father cannot be within 100 yards of the mother. Furthermore, the father is not allowed to be within 100 yards of her cat (he has no idea what she is talking about here), and the father is not allowed within 100 yards of the truck that he has stored for the mother for years now that sits "in his own driveway".
  • The mother is also now filing for full custody of the children and requesting insane amounts for child support. and has stated that the father beats the children as well as her and is drunk 24/7, among other various lies. (This part really enrages even myself, as I know it to be 100% untrue. I absolutely hate liars, and to use children as a means of getting free money every month is just pathetic, which is exactly what this mother is doing. I cannot even begin to imagine how the father feels. And of course, ultimately, it effects the children the most).

Additionally, though not valid in any kind of legal manner, the mother has two other teenage boys from a previous relationship. My friend was a major father figure for them (he even pays for their clothes, school supplies, etc. as well). He even taught the kids how to speak. He had witnessed this mother do everything she could to take everything from their father. Now she is doing the same thing to him.

My friend doesn't currently have a great deal of money to spend on a lawyer, which he desperately needs to help him, and so he is completely at a loss for what to do. So does anyone have any much needed advice/recommendations I can relay to him?

Thank you!
 


LdiJ

Senior Member
A friend of mine, living in California, is currently having an extremely difficult time with life right now and is so depressed that he doesn't care much about anything, including doing any kind of research to help with his current situation, which brings me here as I'm very concerned about him. He is more than willing to "listen" to anyone trying to help him, so I'm hoping I can get some information for him to pursue.

I will try to make this detailed but as short and to the point as possible by explaining with a list instead of drawn-out paragraphs.

  • A mother and father were in a relationship for nine years. They never married, and they have two children together (boys ages 3 and 6).
  • The mother and father ended up splitting up, and the children have lived alternating weeks with each parent located in different cities. There was no paperwork, custody battle, etc. The mother and father agreed on this themselves, and it has been this way for some time now. The father has been the one to pick up and drop off the children every single week, as the mother is always "too tired" or finds some other excuse.
  • Even though the mother and father agreed upon this 50/50 custody arrangement, the father has been the one to pay for everything the kids need, such as school clothes, supplies, haircuts, etc., as well as loads of things they don't "need" such as a plethora of toys, tablets, etc. And of course, all of the "good" clothes he buys somehow end up staying at their mothers while they are sent to the fathers in old, worn out clothes.
  • While the children are at the mother's one-bedroom apartment, they spend most of their days watching TikTok videos on their tablets, so the mother doesn't have to deal with them (plus she is stoned or high all of the time). If they are not at the mother's apartment, then they are doing the same thing in the apartment next door, where their aunt and uncle watch them frequently.
  • While the children are at the father's house (4 bedrooms), they do things such as play inside with their hundreds of choices of toys or are outside in the backyard playing on their 20-foot trampoline while the father is on the deck the entire time. The children are also taken on frequent trips to the park. They are allowed to use their tablets for a short time every day. (unfortunately, the 6 year old still asks every 30 minutes if he can get on his tablet no matter what they are doing.).
  • The mother and father have taken turns each year claiming the kids on their taxes. This year, the father claimed the kids, as it was his year to do so. The mother now claims it was her year and had threatened to take the father to court.
  • The mother and father argued about this for a few weeks via text messaging. The father was still picking up and dropping off the children as usual until 7 weeks ago.
  • 7 weeks ago, on a day the father was to pick up the children for his week, the mother notified the father via text message that she had "talked to the cops" and she stated that she no longer had to let him pick up the kids and would be taking him to court. Living in California, along with any situation that involves children, it seems any father is automatically guilty until proven innocent. So now, all of a sudden, the father hasn't been able to see his kids or even be allowed to talk to them on the phone for 7 weeks and counting. All because "she said so"...???? No paperwork, no police reports, nothing. Wow!
  • A few days ago, the father was served paperwork that the mother filed with the courts. The mother has claimed domestic violence and child abuse and filed for a restraining order where the father cannot be within 100 yards of the mother. Furthermore, the father is not allowed to be within 100 yards of her cat (he has no idea what she is talking about here), and the father is not allowed within 100 yards of the truck that he has stored for the mother for years now that sits "in his own driveway".
  • The mother is also now filing for full custody of the children and requesting insane amounts for child support. and has stated that the father beats the children as well as her and is drunk 24/7, among other various lies. (This part really enrages even myself, as I know it to be 100% untrue. I absolutely hate liars, and to use children as a means of getting free money every month is just pathetic, which is exactly what this mother is doing. I cannot even begin to imagine how the father feels. And of course, ultimately, it effects the children the most).

Additionally, though not valid in any kind of legal manner, the mother has two other teenage boys from a previous relationship. My friend was a major father figure for them (he even pays for their clothes, school supplies, etc. as well). He even taught the kids how to speak. He had witnessed this mother do everything she could to take everything from their father. Now she is doing the same thing to him.

My friend doesn't currently have a great deal of money to spend on a lawyer, which he desperately needs to help him, and so he is completely at a loss for what to do. So does anyone have any much needed advice/recommendations I can relay to him?

Thank you!
He really needs an attorney, and he really needs one quickly. That is the only valid advice that I can give at this point, based on what mom is doing.
 

commentator

Senior Member
Penny wise, pound foolish. He can't really afford a lawyer, but he's paying for everything????Oh baloney! The only thing that will make this man's situation liveable is a good family court issues attorney and a set of good custody arrangements. That's the best and ONLY advice you should be giving to him.
 

stealth2

Under the Radar Member
While the children are at the father's house (4 bedrooms), they do things such as play inside with their hundreds of choices of toys or are outside in the backyard playing on their 20-foot trampoline
I gotta say - Dad can manage to pay for "everything" including a 4BR home and "hundreds of choices of toys"? He can afford at least an initial consultation with a lawyer. And it might be time to look at priorities...
 

not2cleverRed

Obvious Observer
  • While the children are at the father's house (4 bedrooms), they do things such as play inside with their hundreds of choices of toys or are outside in the backyard playing on their 20-foot trampoline while the father is on the deck the entire time. The children are also taken on frequent trips to the park. They are allowed to use their tablets for a short time every day. (unfortunately, the 6 year old still asks every 30 minutes if he can get on his tablet no matter what they are doing.).
Children don't need hundreds of toys.

He should also check whether his insurance coverage liability for the trampoline. Actually, mom can cite the trampoline as a safety issue at his house.

In the absence of court orders, the mother has default full custody if the couple has never married.

Mom has obtained an exparte restraining order. Those are temporary. Dad should have been informed of the court date where he can respond to the allegations. If he's a no show, the temporary restraining order becomes permanent by default.

Dad needs an initial consult, preferably with more than one attorney.
 

Markstein

New member
Thank you the replies. I definitely know he needs an attorney. I've told him this. He's now actually had 3 "free" consultations but the fact remains he cannot afford them,.

To those that have misread my post ...yes, the father "did" pay for everything in the past, including the recent past. However, as I had stated the following "My friend doesn't currently have a great deal of money to spend on a lawyer, which he desperately needs to help him, ..."

Please note the words "doesn't currently"

When he has a lot of work, which he was blessed enough to have for quite some time, then yes, of course, he could afford it. But work for him has slowed down recenrtly due to weather, etc. and, therefore he, "doesn't currently have a great deal of money to spend on a lawyer".

When writing my original post, I remembered that another friend of mine had gone through this same thing in the past and I spoke with him last night. He will be talking to my other friend this evening to let him know what to expect in this process. And yes, one of the things he will be telling him is to "get a lawyer".

Thanks again.
 
Last edited:

stealth2

Under the Radar Member
Your friend could look for legal clinics at nearby law schools. He could call around to see if a lawyer will work with him for a sliding scale and/or a payment plan. He should definitely start researching how family law works in CA. There are plenty of resources online and IRL. But he has to be invested in doing the work.
 

commentator

Senior Member
He needs to sell the trampoline, or whatever it takes. I do understand about his current work and income situation. But this is going to be a long term relationship with an attorney, perhaps payment arrangements can be worked out somehow. I have seen case after case of where the person did not have the money for an attorney, in part because every month, the child's other parent came up with a huge excuse/story/threat with which to cadge more money from them. Without a custody and support arrangement formally set up, and an established visitation schedule, this person will never have a "current situation" where he feels he can afford an attorney. It's a merry go round he must get off of, in order to have any kind of acceptable life going forward.

Beginning of course, with establishing paternity, court orders, and being firm with the other parent, who is probably threatening to arrange things so that he never sees his children again or to tell the court about his sexual abuse of the children. It is entirely possible she will say he has abused her other children or even her cat! I have seen many of these types of threats play out. ( There are no rules in a knife fight, and it is amazing what people you thought you knew will do) From the sound of it, this person is liable to end up in jail if he doesn't defend himself in some way. Do not blame your state, blame his lack of a defense. The best defense is his firmly and legally established offense/control of his part. He seems willing to do his part as a parent, but he has seen what this person will do, she's an experienced fighter on this front, and in order to protect himself he needs help in setting up the rules. Better order and less chaos in their lives is more important than most other material things.
It's the very best thing he can do for his children.

He also needs to be in his own therapy for his depression. This is making him an easier victim. He has the support of friends, which you seem to be providing. But as a good friend, you must be willing to not only listen to him catastrophize, but give him your best and only option for advice. All the "Yes, but......" that he will come up with as he sits in the same place is just making it worse and worse. I hope you can lead him in the right direction, best wishes.
 
Last edited:

cbg

I'm a Northern Girl
Somehow I didn't see this one till now.

I don't know what part of California he is in, but California has a great many excellent law schools. Many if not most law schools offer clinics where third year law students, under the guidance of their professors, offer free or very low cost assistance to members of the public who cannot afford private representations. Your friend should investigate this option.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top