Asked in Child Custody for California

Q: I need to seek legal advice regarding child custody matters and visitation. My Ex just filed a form 311 in Marin County

I need to seek legal advice regarding child custody matters and visitation. My Ex just filed a form 311 in Marin County courts to change our visitation agreement and parenting plan.

I am currently living in London. I am scheduled to see my son 3/5/17-3/12/17 and have already purchased my ticket to return. His father is filing to block my visit. Now we have a court hearing on 3/8/17. (see attached docs).

I need to know my legal rights. How to respond to the court and how to protect my rights as a parent living abroad.

​I am available for a phone or Skype consultation. If you provide me a number, I can call you directly. I have a free international calling plan through my cell provider.

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Divorce Lawyer
  • New York, NY
  • Licensed in California

A: Responsive forms are available on the court website at courts.ca.gov. Are you planning on living in CA to be near your child? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: I don't see any documents attached. In general, for any change of visitation or custody, the reason(s) behind seeking such a change are going to be very critical. In family law, in particular, litigants often file meritless papers out of anger, spite, etc. If you do not plan on moving to Marin County area, I would recommend hiring a lawyer local to the court in San Rafael who can go there in person, if need be. Having someone who can do things in person where the litigation is actually happening is very helpful. Only so much can be done by phone or mail.

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