Legal Question in Family Law in California
Chid Custody
Mother and I were never married. I filed to establish parental relationship in Oct. 2000. The judge order joint legal custody & physical custody to mom. That's when the first viisitation schedule began. Now I'm filing an OSC for a change of custody based on x-girlfirend's new husband is a convicted felon. He drinks excessively and smokes around my 8 yr old son. I found out all of the above because I hired a private investigator. The mediator asked to speak to child. As we were walking out of church my son recently apoligized to me saying that his mom threatend to spank him and punished him if he told bad things about step-dad. She told my son that she would be taking him to talk to a lady that was going to ask questions about step-dad . She told him if they ask you if he drinks beer you MUST say no. She basically told child what to say. How can father bring out the truth in court? Can the father ask the judge to speak to child? We've had the same visitation schedule for 5 yrs. (Evry other weekend). At the very least I would like 50/50 custody. Mother & I live3 miles apart. Mother states that adding more visits with dad would be very disruptive to her family. Is this even a valid excuse to keep me away from my son
1 Answer from Attorneys
Re: Chid Custody
You can have the private investigator testify. You can ask the judge to speak to the child. You can hire your own psychologist to examine and talk to the child to determine if the child has been coached, and use that psychologist as a witness at trial.
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