Danville, CA asked in Child Custody and Family Law for California

Q: I have filed for modification of child custody and parenting time, there is clear cut Parental alienation

I have filed for modification because over the past 4 years I was supposed to get at least 1 day a week visitation and phone calls to the kids when ever. The visits were always supervised which they weren't supposed to be and it got to a point where I wasn't given them anymore. I bought a phone for my eldest so they could call me when ever and it was taken away and returned to me. She now has a phone but is not allowed to give me the number calls are always on speaker phone and monitored. I ask them questions and they tell me they aren't allowed to say anything. The mother has moved 4 times and never once told me about the move or where they were moving to and it is 50/50 legal custody. I went to mediation which my ex failed to attend but was interviewd over the phone with out me being present or like a conference. I showed the mediator all the texts and recordings proving parental alienation and was told that asking for more time with the children was out of the question

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2 Lawyer Answers

Andy Cook

PREMIUM
Answered
  • Divorce Lawyer
  • San Diego, CA
  • Licensed in California

A: This is a question that can best be answered over the telephone so I can understand why you are having so much trouble. Please call 619-515-9900, and if there is no answer, please indicate a good time for me to call you back.

Ali Shahrestani, Esq.

PREMIUM
Answered
  • Divorce Lawyer
  • San Francisco, CA
  • Licensed in California

A: You may need to file a motion for contempt if your ex is flouting court orders, and you may need to file a motion to modify child custody. If your ex moved away with your child and without your permission, you may be facing an abduction situation. In that case, you may need to pursue remedies via the police and via family court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, 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.

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