Sacramento, CA asked in Family Law for California

Q: My xhusband is trying to keep my kids from me

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1 Lawyer Answer

A: If you have an ex-husband, then that means you have been divorced. If you have been divorced you have a court order, called a Judgment. You need to find a copy of the Judgment. If you don't have one, go back to the court and ask for records to see your case and make a copy. You will be charged 50 cents per page. You need this Judgment as a starting point. If you ever talk to an attorney the attorney will need to see that judgment. Both sides have to follow what the judge ordered in the Judgment. There are ways to make your husband follow the orders. but first you have to see what it says. What does it say about custody? What does it say about visitation? Secondly, if things have changed since the Judgment was signed by the judge, you can ask for the Judgment to be changed. There has to be a '"change of circumstance" for that to happen, and you need to file a "Request For Order' to get it done.

When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response here on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.

All 58 counties in California have some type of Self-Help Center. The people at the Self-Help Center help you fill out family law forms for free. They can’t do everything in family law, but they will help you with all the basics. The downside is that they don’t have a lot of time to spend with you, and often there is a line to get in to see them. The upside is that it is free. So if you have more time than money, go to the Self-Help Center for divorce, custody, visitation, paternity and domestic violence paperwork. But if you want a more thorough in-depth help, it is recommended that you see a family law attorney. Many family law attorneys have a free first interview. Some charge only $50. Some $75 or $100. It only takes a phone call to their office to find out the fee for the first interview. There is no obligation to hire an attorney to do anything after the first interview. That’s up to you. Also there is no requirement that you talk to an attorney in your area. Any family law attorney licensed in California can help you no matter where you live as long as it is in the state or your case is filed in California. The interview would be done by phone, Zoom, Skype, Facetime or some other type online method. Even if the attorney is in your area, many attorneys are only talking to people this way due to the Covid pandemic, so you couldn’t have an interview in their office anyway. Also attorneys are going to give you a more-in-depth analysis of your situation than you will get at the Self-Help Center.

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