Dad Wants Custody

[LdiJ]

Thank you.
Is there any specific site that anyone knows of that allows you to search case law?

Try the CA state government website.

California Courts: Opinions of the Supreme Court and Courts of Appeal: Special Caution

 

[Isis1]

try your local law libraries. they have access to other sites you cannot log onto a home computer without paying a fee/or being a member of the state bar.

 

[casa]

You are allowed to cite case law that is relevant. In your case, that would be CA case law.

However, honestly dad, I can't see you winning a custody case at this point. She hasn't violated the visitation orders because they are not specific, and I can't see a judge changing custody just because a child hasn't been to the dentist in two years.

Your biggest problem, though is the fact that you have moved to PA. A custody change is always disruptive to a child, therefore the judge has to weigh the benefit of the change against the negative of the disruption. In this case, a judge would have to believe that things were so bad at mom's, that disrupting the child's primary bond (the bond with his mother, his current, primary caretaker) was needed to protect the child's best interest. I can't see that happening with the scenario you have described.

What I can see happening is you getting an enforceable visitation schedule, and perhaps the judge ordering that the child can fly as an unaccompanied minor.

I agree completely.

And dental neglect also needs to be proven. ie; having multiple cavities is not necessarily neglect, but missing scheduled appts &/or NEVER taking the child (or not taking the child for several years in a row) would be neglect...and even then, the CP would be given the chance to get caught up first. Second issue is whether the child has dental ins. & whom is providing it.