Q: Can I get a public defender to change a custody order
I currently only have my child 8 hours a week and both she and i want overnights. Instead of simply coming to an agreement, the father (who was and is abusive to me mentally and emotionally) is determined to make it as hard as possible.
A:
In California, public defenders are typically appointed to represent defendants in criminal cases who cannot afford an attorney. They generally do not handle family law matters, such as child custody cases, unless there is a related criminal issue involved.
For assistance with modifying a child custody order, you have a few options:
1. Hire a private family law attorney: If you have the financial means, you can hire a private attorney who specializes in family law to help you navigate the process of modifying your custody order.
2. Seek help from a legal aid organization: If you have limited financial resources, you may be eligible for assistance from a legal aid organization that provides low-cost or free legal services to individuals in need. Some examples include:
- Legal Aid Foundation of Los Angeles
- Bay Area Legal Aid
- California Rural Legal Assistance
3. Self-representation: You have the right to represent yourself in court proceedings. This is known as being "pro se" or "pro per." If you choose this option, you'll be responsible for filing the necessary paperwork, serving the other party, and presenting your case to the court. The California Courts website provides self-help resources and forms for family law matters.
Regardless of the option you choose, gather evidence that supports your case for modifying the custody order, such as communication records, witness statements, or documentation of any changes in circumstances that warrant a modification. The court will consider the best interests of the child when making a decision.
If you are a victim of domestic violence, you may also wish to contact a domestic violence support organization for additional assistance and resources.
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