My ex husband is in the military and we have been divorced for about two and half years, We have joint custody and I gave physical custody to my ex because I did not have a steady place to live and he did, but I made the nessicary arrangements when my ex would not step up and care for our child, and He lived with me for about a year. I was shortly remarried and we moved from N. Carolina to California, which his father's permission, and we lived there for nearly nine months when his father finally came for his son to see him. He stayed with him for six months before his father called and asked me to take him back so he can volunteer for a 15 month deployment to Japan. He has been living with me ever since. Now my ex is slated to come back in June and wants to take my son with him. I want my son to remain with me because he has been with me the majority of his life and is in school. I have already got the process of moving jurisdiction from NC to California. What legal forms do I need to fill out to get the change of custody started, and also what are the odds my request for custody will be denied and my husband will be able to take him?
Answer
Once you get the case moved to California, you will need to file an OSC for modification of the custody orders. The forms are available at courtinfo.ca.gov. Your county court will also have a Family Law Facilitator's Office that can help you with forms and proceedures (but not legal advice). You proably should find a lawyer who will provide some assistance with this, even if you don't hire them to take on full representation. It is called "limited scope representation." Many family law attorneys offer it.
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