Legal Question in Family Law in California

Child visits a dirty home

I have primary custody of my son. His mom gets him everyother week during the summer. After his first week with his mom he came home complaining that his mom's house is very dirty. The fridge is growing things and smells so bad you would throw-up. The bathtub has black and green stuff everywhere and a black rag is kept at the drain area. He stated that their cat poops in the tub and his mom just wipes it w/the dirty rag - no cleaner. The toilet seat is black and he's afraid to even sit down on it. The list goes on and on. He comes home with atheletes foot everytime, and states that there is never any food. He is 10, wakes up around 8:30 am and has to wait until she gets up at noon before eating breakfast. He loves his mom and wants to see her, but doesn't want to have to stay there so much. We just finished in court (3 months ago) and the court agreements been set. He won't say anything to his mom cause he's scared of her. She is not allowed to leave him for more than 8 hours a day, so she leaves him and picks him up right before the 8 hour mark (7.50). Everyone keeps saying well, she's not violating. Isn't there anything anyone can do? He could get a staff infection from all that filth. Advise - please?!


Asked on 7/15/05, 5:14 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child visits a dirty home

You have two options: 1. File a motion to modify visitation and support the declaration with a statement regarding the athlete's foot infections and the filthy condition of the house.

2. Take him to the doctor regarding the frequent athlete's foot infections. Let him explain to the doctor the circumstances at mom's house.

Either of these options could result in CPS becoming involved.

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Answered on 7/28/05, 3:26 pm


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