Legal Question in Family Law in California

I have a 730 custody evaluation coming up. I know it is advised to be positive about the ex, but my ex is a convicted batterer and I am not sure how I am supposed to be positive about an abuser having 50-50 access to a little girl?


Asked on 10/26/14, 4:16 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

A parent that is convicted for child abuse has to go through an extensive training program to have contact with the children, and convince the court that the child will be safe with him. Being positive about your ex does not require you to advocate for his visitation or custody if that would be detrimental to your little girl. your statements should be based on facts that apply to this case. Just your fear of contact is not sufficient to justify your position that he should not have custody. Joint legal custody just means that he has the right to obtain her school and medical history. Joint physical custody does automatically in the child being with each parent 50% of the time. the best interests of the child determine the time share.

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Answered on 10/26/14, 8:53 pm


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