Can A Minor Appeal A Parent’s Attempt at Gaining Custody?
|
Summary
My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. |
“My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. She has missed 200 days plus in 4 years. If my husband gets custody can the daughter appeal the ruling with her own lawyer?”
Likely yes. Under California Family Code Section 3151(c)(4) Counsel for a minor has “[t]he right to take any action that is available to a party to the proceeding, including, but not limited to, the following: filing pleadings, making evidentiary objections, and presenting evidence and being heard in the proceeding, which may include, but shall not be limited to, presenting motions and orders to show cause, and participating in settlement conferences, trials, seeking writs, _APPEALS_, and arbitrations.” (emphasis added). After a certain age Courts actually may start to listen to a child’s wishes with regards to custody and visitation depending on the jurisdiction.
|
Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody! |
My Daughter is in a Residential Treatment Facility , Does My Ex Still Have to Pay Support?
Who is Responsible for Payment for Court Ordered Therapy DSS or the Child’s Legal Guardians? What Can I do to Receive Payment?
How to Handle a Recusal
For more on this subject check out these categories: Family Law, Divorce, Child Custody, Children's Rights
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.