Legal Question in Family Law in California

i have 3 children,whom live with their dad and grandma.their father is very abusive to them,verbally,mentaly,maybe even more. their father has a history of mental illness as well.untreated for quite some time knowl.my mother inlaw ,grandma to the kids calls me as well when her son is in rage.she at the time is in fear.but yet wont call the authoritys for help.enstead she wants me to come over ,apparently she has talked to the police and they advised her to evict him.of coarse she gives some exuse as to why she wont.so what would be the legal outcome if i called the police.i just need a little direction.please let me know.i am the mother thank you


Asked on 12/10/09, 8:42 am

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

I'm not sure what you're trying to do. If you call the police and they respond to the grandma's house, they won't take the father into custody unless there is a sign he is physically abusing someone in the household or if the grandma is willing to file a complaint and press charges. If grandma is not willing to evict her son, there is not much you can do about getting the him out of her house.

However, if you feel your kids are in danger, you need to file an Order to Show Cause to modify custody/visitation or contact child protective services and file a report with them. They will investigate the situation and remove the kids if they feel your ex is harming them.

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Answered on 12/15/09, 12:24 pm


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