Legal Question in Family Law in California
child visitation and custody
My step son is 13 years old, almost 14. My husband has primary custody of him and always has. He just recently verbally agreed to a week and a week visitation with his ex wife. For years my step son has been telling us about how much he hates it over at his mother's house mostly because of his step dad. He mistreats him verbally, mentally, emotionally, and at times even physically. We thought in the past that my step son was just trying to work his parents. Now that we have moved closer to his mother and her husband we can actully see that what he has been telling us for the past seven years is actully true. Information has been validated even by his maternal grandparents. My step son wants to come live with us. What should we do? He wants to use his own money that he is getting from a car accident settlement to go to court and get a restraining order against his step dad. What should we do?
2 Answers from Attorneys
Re: child visitation and custody
Go to court on an Order to Show Cause. Request minor's counsel. Get an attorney who knows how to do this. Do not try to do it yourself, and be careful of what kind of attorney you get. There are many attorneys who just want to make a paycheck and don't really understand the complexity of this type of action. It's not that it's so complex. It's just that you have to be careful how to word things.
Re: child visitation and custody
Your husband should seek an Order to Show Cause why child custody should not be modified. If the facts merit it, your husband may also be entitled to an emergency order. I am a little concerned about your step son trying to do this on his own. It could cause CPS to get involved, which could make the situation worse for everyone.
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