Legal Question in Family Law in California
Convicted Child Abuser
There is a family law order that states mother and I have joint legal custody of our 8 yr old child, with her having primary physical. About a year ago, while child was with mom, mom abused child, she got arrested, sent to jail, and child was taken into custody by CPS. While mother was goig thru both juvenile and criminal court system, juv. court awarded me temporary custody for 7 mos. Juv. case eventually closed and reunified child back to the family law order provisions. Juv. court said if i wanted primary custody that I'd have to change it in family court, not juv. court. Shortly after juv. case closed, the criminal court convicted her of willful cruelty to child, misdemeanor child abuse. Mother is on 3 yrs probation as a result. The family law order is not yet changed, so child still primarily lives with mother.
So now since mother has a criminal child abuse record, I want to change family law order giving me either full or primary custody where mother has visitation. My question is: Is there any case law or anything i may file that would immediately allow me to gain primary custody now that mother is convicted of child abuse?
2 Answers from Attorneys
Re: Convicted Child Abuser
No immediate remedy is available, you must file a motion with the family law court and the judge will make a decision on the best interests of the child. You will have a better chance with representation by an attorney. Good Luck, Pat McCrary
Re: Convicted Child Abuser
Mr. McCrary is correct, but I would go in ex parte for temporary orders pending a hearing on permanent change in custody. No guarantee that you will get the child ex parte, but at least the hearing might be bumped up to be heard sooner than if you simply file an OSC.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
