Legal Question in Family Law in California

i currently have court order that states that me and my ex have joint physical and legal custody. But she has many problems as of recently so the kids have been sleeping over at my house every night for 2 months. just last night she sent me a text saying they were going to stay with her overnight. the problem is she is living with her boyfriend,( 1 bedroom apartment is that ok)? but just this Wednesday she called me at 334am asking me to pick her up and she sounded scared. that is in my voice mail saved. so i called her parents and told them and they went to her apartment and called police came and she had a busted lip and bruise on nose. this is at least second incident where she has called me at this time and had markings on her and i have seen them before. i am worried that her new boyfriend is abusive and that isn't an environment our two kids should be in. the thing is she never presses charges since she says she got in a fight at a bar. but her parents told me that apartment manager says they fight all the time and that she is being hit by the boyfriend. my son told her parents that mommy and boyfriend fight and he hit her with a shoe in the face. my thing is i really don't trust her parents and i don't ask my son anything. for me to prove this to a judge would i have to get incident reports? if all this is true is this enough for me to get more custody?


Asked on 11/01/10, 11:17 am

2 Answer from Attorneys
Tina Chen Law Office of Tina Chen

You can call DCSS, but sometimes it takes a long time for DCSS to investigate if the kids are not in immediate danger. You can file an Ex Parte Order to Show Cause with the Court to modify custody and visitation. Ask that you be granted temporary full custody based on mom's abusive relationship and the children having witnessed the boyfriend hit their mom. You can also request an order that the children not be allowed around mom's boyfriend. Good Luck.

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Answered on 11/08/10, 10:56 am


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