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http://www.courtinfo.ca.gov/selfhelp/family/custody/programs.htm

This may help you since you cannot get an attorney...

TM

California has nothing in actual law on this matter. The closest thing you can get is in welfare and institution codes where foster care is discussed and in guidelines developed for subsdized housing in the state.

But if Mom claims poverty is preventing them from aquiring a home of adequet size it may be a mute point. Also, if the noncustodial parent has been late or behind in child support she could feasibly blame him for the inability to obtain adequet housing for the children.

TM

From California Family Code:

3042.  (a) If a child is of sufficient age and capacity to reason so
as to form an intelligent preference as to custody, the court shall
consider and give due weight to the wishes of the child in making an
order granting or modifying custody.

It does not set a specific age and never allows for a child to have 'final' say. I have heard judges listen to a child as young as 7 and refuse to listen to a child 17.... it is a VERY arbitrary law

TM

Writ of Mandamus Form for California http://www.courtinfo.ca.gov/forms/fillable/cm010.pdf

I *think* that you are after what is considered a "traditional" mandamus
(see Ca. Codes http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=56027314603+0+0+0&WAISaction=retrieve )

I am not familar with any caselaw off hand. If I discover anything I'll give you the info.

TM

I already have read many caselaws from Burgess, Condor, Burchard and more. I am looking for something that addresses the de facto termination of rights because a move would take the children to a place where visitation would not reasonable be able to occur.

Any help is greatly appreciated.

TM

Try here: http://www.findlaw.com/casecode/courts/9th.html

http://www.fatherhood101.org/

http://www.unitedfathers.org/

Some other possible useful sources:

Beverly Hills Bar Association
Guardianship Assistance
(213) 974-5517
Superior Court Probate Dept.
111 N. Hill Street, Rm. 258
Los Angeles, CA 90012

Emancipation Program
(213) 351-0107
Department of Children and Family Services
3530 Wilshire Blvd., 4th Floor
Los Angeles, CA 90010

Fathers United for Equal Justice
(714) 542-3100
1212 N. Broadway, #133
Santa Ana, CA 92701

There was also a program called LA Dads but I cannot find them on the net... You may try the public health department.

CALIFORNIA CODES
FAMILY.CODE
SECTION 3150-3153




3150.
(b) Upon entering an appearance on behalf of a child pursuant to
this chapter, counsel shall continue to represent that child unless
relieved by the court upon the substitution of other counsel by the
court or for cause.

For cause means they would have had to violated a law at some point during the proceedings.
To go about it, if you have evidence the child's counsel has violated a law you bring a motion before the court to have them dismissed. CAUTION!!! Make sure you have good evidence otherwise you are stuck with that attorney after having just really pissed them off trying to get them out.

TM

>I also ask...is there ever any real justice for fathers?

The question should be is there ever any real justice for non custodial parents?

Anytime one parent is denied the rights gauranteed in the constition to parent their child, when a parent is reduced to the roll of a visitor in a childs life there is no justice as we in the United States understand justice to be.

By the way no where in family law codes do you see the word "justice" used in determining a parents right to parent their child.

TM

Some quick questions that may help lower your legal fees and get things moving a bit quicker...

1. How is your wife recieving Free Legal Services?
Why I ask is there are only a select few counties in Northern California that have free legal aid for family law cases and to my knowledge Tehema County isn't one of them.

2. Because abuse is alledged, has your attorney motioned the court to appoint a custody evaluator?
An evaluator may bring about quicker resolve to the issues you are facing and save a considerable amount of money. Although not always a good choice, in situations where you have documentation of certain situations or activities but there are issues with having them entered into court through "normal" civil code of procedures because of the costs related (ie subpeoning the dentist to collaborate your story about the ex's statements about your access to the records) the evaluator can do it through third party statements made to the court in writing. AND these third party statements made by the evaluator, because the evaluator is an officer of the court, are accepted.

Just an opinion, but I think there may be an issue with the court that you are not asking for the removal of the child from Mom's home for her protection based on Mom's physical abuse. If she is "good enough" to share custody then why change things type attitude.

child custody fights never have easy answers....

TM