Legal Question in Family Law in California

Child Protective services came to my home and interviewed me and my 4 year old daughter. My ex husband tried to commit suicide and I called the police to go after him. CPS asked me about domestic violence and I said yes there was when we were married. We are now divorced, I have my own home and he has his own home. They asked my daughter questions. She said her daddy hit her,yelled at her and she saw daddy hit mommy. This happended over a year ago. We both get along fine and he is a good father financially and emotionally but because of his suicide attempt incident and my daughters statement, Iam being asked to put a restraining order against my ex-husband and to take sole custody of the kids. I do not feel its necessary, he is not endangered to me or my children. Do I really need to go to court and do the restraining order and file for sole custody ? I feel Im being forced to do something thats un ethical. WHat do I do ?


Asked on 10/24/10, 11:14 pm

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

No one can force you to file a restraining order if you don't want to. However, you should be careful because if your ex is abusive and you know he is abusing the kids and do nothing about it, CPS can take the children from you for child endangerment. Although your ex may be a good father, you need to consider if your children are safe with him considering he has abused your kids and is suicidal. You can seek sole custody now with supervised visits to him until he completes therapy and anger management classes. The choice is yours. Good Luck.

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Answered on 11/02/10, 10:05 am


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