Legal Question in Family Law in California
My sons have been living with my ex since 2004. He has primary custody, I have them the 2,4 and 5th weekends of the month. Our original court order stipulates the grandmother is to take care of our kids if he can not be there or if I can not in lieu of a babysitter. My ex kicked her out 2 years ago. I recently found out my ex was arrested for domestic violence with his current girlfriend. My and and his girlfriend drink quite often, he leaves them home alone, the police come to the house. My oldest soin (13) wrote a letter stating why he wants to move from his dads house and live with me. I have a one bedroom apartment. Do I have a case to present and will I win? My boys want me to go to court, but they are afraid that once he finds out they will get in trouble. How can I file without getting them in trouble?
1 Answer from Attorneys
apply for a modification of the custody order due to change of circumstances. the only trouble the kids will be in is with their father and it sounds like they are already in a world of hurt with him