Legal Question in Family Law in California

Child Molestation/Joint Custody

2 Part quesstion, My fiance of 5+yrs. found out 1yr ago that his daughters were molested by their stepfater. The stepfather was in jail when we found. The mosther told the kids not to tell us. At the time of the molestation they were living 5 hrs from us. We were unable to find out info. in regards to details of the molestation as the mother refused to tell us anything. Now, the mother is divorced and has verbally agreed to give us 50% custody. She continues to use the kids and child support as threats when she doesn't get her way and we don't feel that she will follow through w/50%. What is a fathers rights? There is currently no child support order, but she has filed before leaving us with only 10% of custody and paying out the nose for child support. She currently won't allow us to see the 13 yr old claiming she does not want to see her father. How can she keep his own kids from him and continue to brain wash his kids. We constantly get the short end of the stick and need serious help with his ex......Please!


Asked on 4/11/03, 12:15 am

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Child Molestation/Joint Custody

Based on the facts as you give them, she cannot keep the child from the father. Your case is somewhat complex, with the molestation, etc. You should seek the advice of a good family law attorney that does a lot of child custody cases in the county where the child lives. It is important that you have an attorney who is familiar with the judges that will make the decision. Every county and every judge is a little diffent in how they handle a custody case. You need an attorney that knows the territory. It would be worth taking a day to interview 2 or 3 attorneys. Pick the one who you think will work towards the best interest of the child. The judges will generally see the same quality in the attorney and the attorney will have more credibility. The attorney who will say that he will fight hard for your rights, without mentioning the best interest of the child is likely to fight very hard, running up a big bill, and gain little. Good Luck, Pat McCrary

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Answered on 4/11/03, 8:58 am


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