Legal Question in Family Law in California
my brothers ex-wife has asked me to write a declaration regarding my brothers abilities to take care of his kids. He has physical custody. I honestly feel he is incapable financially, mentally, and emotionally. I know it seems awful to do this but, he has lost his job, is sousing his house and I think he is going to snap when it all hits the fan. He has two sets of kids one with his ex and another with a girl that fled the home recently due to violence and his over possessive nature and his temper.
Will he see the declaration if I give it to her???? I also have concerns for my families safety if he sees that I help his ex.
The case is being heard in California.
1 Answer from Attorneys
Of course he will see it unless she decides not to use it. Did you think an ex-wife can submit a declaration to the court to get custody of the kids taken away from the ex-husband, and the ex-husband wouldn't get to see it? It sounds like the right thing to do is give the declaration, but it's understandable that you might not want to if he might be violent. If there is evidence of domestic violence in his household, without your declaration, then she might not need it. The Family Law departments are now empowered to immediately remove kids from a domestic violence situation on very little evidence on a temporary basis. There would then have to be further proof of the domestic violence, but if proved he could lose all but supevised visitation for a long time. Maybe the ex-wife can go that route and not use your declaration?
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