Legal Question in Family Law in California
My boyfriend's ex wife is asking for more than 50% custody. She currently has two nights. These children have lived with me because the Grandma( his Mom)has kicked them out in the past. Here is the thing, the ex-wife is a troubled woman and a pawn being used by his Mom to get the children. She neglects the children when they are in her care and sometimes doesn't bring them to school. She is now asking to have them more(to bring them back to his Mom which she does every visitation) to do activities(per her motion) that she never took, paid for, nor was genuinely interested in. His controlling/abusive Mom who kicked them out several times took them. The ex-wife has a serious drinking problem, how hard do you have to prove the drinking? She doesn't bathe them or brush their hair. When they were married, she hid the entire pregnancy of their 6 year old daughter from the world, obtained no prenatal care in spite of their free military health insurance. She hid this until labor, telling nobody, exerted herself in hopes of miscarriage and binge-drank alcohol throughout. She even got in trouble for drinking during her drill last summer. That child has behavioral problems. The reason I know she doesn't take care of the children is because I am a Mom myself and I have taken care of them. She also was on depression Meds in the past, had a suicide attempt and uses the children to convey upsetting, inappropriate messages and has acted angrily at the exchange. When she gets the children and brings them back to his Mom, his Mom says alienating things about him to them. What exactly has to happen or has to be proven in order for these two children to not have to be subjected to the emotional abuse that has been going on. His mother is using his ex wife to harass him and has done many things of this nature in the past.
1 Answer from Attorneys
A return to court requesting a child custody evaluation is appropriate. The cost of the evaluation can be upwards of $5,000.00.