Divorce custody questions for California

[bigd55433]

I am trying to help my Hispanic friend understanding what happened during her divorce. She received papers in English and may have signed off on something she didn’t want to due to the language barrier. The Fl-341 form is stating custody is joint. However she did not agree to this. The child has never been a California and is currently a Minnesota resident. The paperwork to the best of my ability states that it’s 50/50 custody however she feels will greatly disrupt the child’s education and mental well being. The father has been out of the child’s life for several years. We are wondering what her next steps should be. She makes less than $25,000/yr so it’s difficult for her to afford a lawyer. Everything I seem to find online seems to state that the state where the child has residence should be making the call. However I’m not sure if that is accurate or how to advise her to proceed. Thanks for your time.

 

[adjusterjack]

I’m not sure

Read that phrase out lout in front of a mirror. Repeat it over and over until you convince yourself that you aren't a lawyer and know nothing about anything.

Keep "helping" her and you'll "help" her right into a disaster.

What she needs is a bilingual attorney. Period

 

[bigd55433]

What she needs is a bilingual attorney. Period

Which I fully understand. I’m just trying to get some basic direction on the process and if it was even legal to do 50/50 custody in a state the child has never lived in, simply because papers were filed there. I’m willing to help her pay for a lawyer, I’m not trying to be one. However, I can’t afford thousands of dollars to do so and she can’t either. Which is why I am posting here. Having an idea what she may face might help her dramatically. What states she needs to file paperwork in, if there may be resources for her that she is not aware of, what state to hire a lawyer in, I think could dramatically change cost and outcome for her having some insight on the process. If she tries to do it improperly I could see it costing thousands of extra dollars with the expense of local lawyers and I've seen some put in 0 effort other than have their secretary be a file clerk for $200/hr with little effort to truly help. While others go out of their way to make sure the client is represented properly. Knowing the process may help ensure she is being treated fairly and reduce expenses.

 

[Ohiogal]

It could be legal if mother consented to it. She needs counsel. End of story.

 

[Zigner]

Which I fully understand. I’m just trying to get some basic direction on the process...

Which is for your friend to hire an attorney.

 

[bigd55433]

It could be legal if mother consented to it. She needs counsel. End of story.

Is there a way we can request information for what she did/did not consent to so we can have that information readily available when she goes to an attorney to save time/expense.

 

[Zigner]

Is there a way we can request information for what she did/did not consent to so we can have that information readily available when she goes to an attorney to save time/expense.

She needs to take a copy of her court order and any associated paperwork. YOU need to step back...far back.

 

[zddoodah]

She received papers in English and may have signed off on something she didn’t want to due to the language barrier.

May have?

If your friend actually did this, why did she sign something she didn't understand?

The Fl-341 form is stating custody is joint. However she did not agree to this.

I assume you're referring to item #14 on the Child Custody and Visitation (Parenting Time) Order Attachment, which refers to legal custody. Correct? Legal custody relates to "the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." Joint legal custody is the norm. Why wouldn't your friend agree to that? Regardless, the court can order it whether or not the parties agree.

The child has never been a California and is currently a Minnesota resident.

Then why does your post say this relates to California? Is the case pending in Minnesota or California? If it's pending in California, why is that if the child "has never been a California [resident?]"? I'm going to stop here until you clarify this since everything I wrote above may not be applicable if the case isn't in California.

 

[bigd55433]

May have?

If your friend actually did this, why did she sign something she didn't understand?

She thought she doesn’t read English well and she thought signed just divorce papers but the papers that came back have custody listed in them and listed as 50/50. So it’s confusing to both of use and we will need a lawyer to decipher it for us I guess?


I assume you're referring to item #14 on the Child Custody and Visitation (Parenting Time) Order Attachment, which refers to legal custody. Correct? Legal custody relates to "the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." Joint legal custody is the norm. Why wouldn't your friend agree to that? Regardless, the court can order it whether or not the parties agree.

Disagreement in joint due to pending misconduct with a minor case of father. Also he has been out of the child’s life for years providing no support

Then why does your post say this relates to California? Is the case pending in Minnesota or California? If it's pending in California, why is that if the child "has never been a California [resident?]"? I'm going to stop here until you clarify this since everything I wrote above may not be applicable if the case isn't in California.

The paperwork for the divorce and the documents were filed in California. The child has never lived there, the father now lives there. She is concerned if the custody is 50/50 the child would be pulled out of state to california.

 

[not2cleverRed]

The paperwork for the divorce and the documents were filed in California. The child has never lived there, the father now lives there. She is concerned if the custody is 50/50 the child would be pulled out of state to california.

If he fulfilled the residency requirements for divorcing in California, then it is perfectly legal.

What the mom needs to do is to get her paperwork together and get an initial consult with a lawyer. An initial consult is usually not expensive. It's more like interviewing the lawyer.

 

[Just Blue]

The paperwork for the divorce and the documents were filed in California. The child has never lived there, the father now lives there. She is concerned if the custody is 50/50 the child would be pulled out of state to california.

Is it 50/50 LEGAL custody (decision making) or 50/50 physical custody? Can you look at the custody orders and post exactly (sans identifying information) what it states?

 

[Zigner]

If he fulfilled the residency requirements for divorcing in California, then it is perfectly legal.

While true, the court would not have jurisdiction over the child custody and support matters.

What the mom needs to do is to get her paperwork together and get an initial consult with a lawyer. An initial consult is usually not expensive. It's more like interviewing the lawyer.

Yes, yes...a thousand times yes.

 

[Zigner]

Is it 50/50 LEGAL custody (decision making) or 50/50 physical custody? Can you look at the custody orders and post exactly (sans identifying information) what it states?

There really is no reason for this third-party to insert themselves any deeper into this matter.

 

[Just Blue]

There really is no reason for this third-party to insert themselves any deeper into this matter.

Yes...true. But since they have, I thought the wording of the order might help.

 

[zddoodah]

The paperwork for the divorce and the documents were filed in California.

Please don't use the passive voice. I assume you meant that the father filed a divorce action in CA. Correct?

The child has never lived there, the father now lives there.

Did the mother (your friend) ever live there? If so, was it during the time of the marriage?

She is concerned if the custody is 50/50 the child would be pulled out of state to california.

Your friend needs an attorney ASAP. While her CA-resident husband can file for divorce in CA (assuming he's lived there for at least 6 months), all that means is that the CA court has jurisdiction to terminate the marriage. If your friend and their child have never lived in CA, then the CA court would not have jurisdiction to make orders regarding child custody, visitation and support. HOWEVER, if your friend has already signed papers relating to the case, then she may have waived any objection to jurisdiction.

Unfortunately, you ignored several questions I asked in my prior response. If you want to answer those questions, I may have further information that I can provide.