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278.5 Calif-Sole Custody Parent-Visitation California

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  • 278.5 Calif-Sole Custody Parent-Visitation California

    Ok well, 2 weeks ago I spent 5 days in the jail house over 4th of July weekend awaiting arraignment on a 278.5 felony charge facing 16 months.

    I have sole custody and the other parent (X) lost his parental rights due to domestic violence against me a couple years ago during our divorce proceedings. He can not stand that fact, he has told me for years he was going to get the boys away from me. Sorry, besides the facts here.... ok then... I denied 2 visitations because I thought he had no drivers license (that is what CSS told me) and he was unable to drive because he just had knee surgery and wasn't released from the doctor yet. OK, I felt this was unsafe and I told him it was a bad situation; give me proof that it is ok for you to drive and no problems. That is all I said over & over, I never changed my story to him - send me proof.
    He was able to convince the officer who called me that I am the devil and that the cop must help him get the kids away from the crazy person (me). He brought into the officer affidavits from old girlfriends and friends stating that I was likely to be violent and run away with the children and that I had no ties here in California (I was born here and all my family, friends, school, JOB, etc. is here) and convinced him to arrest me for "concealing the kids" and issue a restraining order for 7 days taking the kids away from me. Then he files for a restraining order in two counties (the first one was denied pending hearing (July 29th), the second in my county was granted for a RO against HIM only, all other requests for custody in both cases were denied pending trial.

    By the way, he is a deadbeat with no money and owes me over $30k in arrears cus he refuses to get a job and hasnt paid what he owes in nearly 3 years, he lives off his current wife.

    Visitation schedule: 1, 3, 5th weekends and every Wed for dinner. He also calls off his visitation regularly, at least once per month, sometimes 3-4 times. In May he didn't even see them once. I dont even know if that is relevant.

    So, anyway, my questions are as follows....
    Does he have a chance of getting custody away from me at these restraining order hearings based upon his conjecture that I will be fleeing the country/state? (Which I am not, nor do I plan to?) because I see no other evidence other than the 2 times (in 3 years) that I protected my children from an unsafe situation.
    Is there anything I can state to the judge in my response to the RO that will tell them how crazy he is and show that HE is the violent one and unstable and owes me over $30k in arrears because he does not work?

    Secondly, on the felony count - is this for real? Am I in big trouble or is it just a matter of clearing it up since I have sole custody and clearly was not "concealing" the children.

    I am confused and my divorce lawyer will not take my case again due to his constant badgering of her and her office by him, his lawyer, his friends, all the drama that he causes her office. So I am at square one and I have 3 hearings in the next 3 weeks.
    Please help. any advice on where to go, what to do, what to say to the judges, is extremely helpful.

    Thanks again!

  • #2
    Originally posted by CaliChristi View Post
    Ok well, 2 weeks ago I spent 5 days in the jail house over 4th of July weekend awaiting arraignment on a 278.5 felony charge facing 16 months.

    I have sole custody and the other parent (X) lost his parental rights due to domestic violence against me a couple years ago during our divorce proceedings. He can not stand that fact, he has told me for years he was going to get the boys away from me. Sorry, besides the facts here.... ok then... I denied 2 visitations because I thought he had no drivers license (that is what CSS told me) and he was unable to drive because he just had knee surgery and wasn't released from the doctor yet. OK, I felt this was unsafe and I told him it was a bad situation; give me proof that it is ok for you to drive and no problems. That is all I said over & over, I never changed my story to him - send me proof.
    He was able to convince the officer who called me that I am the devil and that the cop must help him get the kids away from the crazy person (me). He brought into the officer affidavits from old girlfriends and friends stating that I was likely to be violent and run away with the children and that I had no ties here in California (I was born here and all my family, friends, school, JOB, etc. is here) and convinced him to arrest me for "concealing the kids" and issue a restraining order for 7 days taking the kids away from me. Then he files for a restraining order in two counties (the first one was denied pending hearing (July 29th), the second in my county was granted for a RO against HIM only, all other requests for custody in both cases were denied pending trial.

    By the way, he is a deadbeat with no money and owes me over $30k in arrears cus he refuses to get a job and hasnt paid what he owes in nearly 3 years, he lives off his current wife.

    Visitation schedule: 1, 3, 5th weekends and every Wed for dinner. He also calls off his visitation regularly, at least once per month, sometimes 3-4 times. In May he didn't even see them once. I dont even know if that is relevant.

    So, anyway, my questions are as follows....
    Does he have a chance of getting custody away from me at these restraining order hearings based upon his conjecture that I will be fleeing the country/state? (Which I am not, nor do I plan to?) because I see no other evidence other than the 2 times (in 3 years) that I protected my children from an unsafe situation.
    Is there anything I can state to the judge in my response to the RO that will tell them how crazy he is and show that HE is the violent one and unstable and owes me over $30k in arrears because he does not work?

    Secondly, on the felony count - is this for real? Am I in big trouble or is it just a matter of clearing it up since I have sole custody and clearly was not "concealing" the children.

    I am confused and my divorce lawyer will not take my case again due to his constant badgering of her and her office by him, his lawyer, his friends, all the drama that he causes her office. So I am at square one and I have 3 hearings in the next 3 weeks.
    Please help. any advice on where to go, what to do, what to say to the judges, is extremely helpful.

    Thanks again!
    How is it that you said that ex "lost his parental rights" and still has court ordered visitation?
    When a parent loses thier parental rights, they do not have any visitation rights, and most of the time they do not have to pay CS either.

    You said that you are being charged with a felony, if that is true, you will need to ask the court to appoint a public defender for you (if you qualify financially).

    The best person to answer your questions will be your public defender.

    Comment


    • #3
      He committed domestic violence on many occasions and was sent to jail for the last one and then convicted. That is why he lost his parental rights.

      As far as visitation is concerned, I asked the court to give him visitation, the boys adore him and I would never take that away from them.

      Just so you know, all parents pay CS whether they have their parental rights or not in California. The right to CS must be signed away by the person requesting it; that is the only way CS is not due.
      Last edited by CaliChristi; 07-21-2008, 07:18 AM.

      Comment


      • #4
        Originally posted by CaliChristi View Post
        He committed domestic violence on many occasions and was sent to jail for the last one and then convicted. That is why he lost his parental rights.

        As far as visitation is concerned, I asked the court to give him visitation, the boys adore him and I would never take that away from them.

        Just so you know, all parents pay CS whether they have their parental rights or not in California. The right to CS must be signed away by the person requesting it; that is the only way CS is not due.
        As I said before, you will be appointed an attorney, your attorney will be able to answer your questions.

        Comment

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