Legal Question in Family Law in California

I have court ordered visitation for my daughter and would like to know if I have grounds to go to court to petition for physical custody.

I believe my daughter's mother is mentally unstable to care for our daughter properly that is just my opinion from the stuff I gathered from Facebook, plus talking to her on the phone.

The story. 3 years ago my ex's husband hit our daughter hard enough it left a handprint on her leg for 6days. CPS was called they informed me to make a police report which I did. The DA went ahead to press chrages. 1 year later a month from the actual jury court date the husband killed himself. Since then there was great communication between the two of us. Facebook posts talk about how she doesnt get out of bed, her depression, posting about the 4 different medications she is on. My daughter has told me numerous times about how her mother doesn't get out of bed and she has to take care of her two younger siblings(my daughter 8. siblings 3 & 2) having to get up and feed them breakfast before she goes to school, says when she leaves for school her mom is still in bed. My ex was recently diagnosed with fibromyalgia. Also there is a safety issuse, also posted on Facebook, about how they had people drive through to the grandparents with guns threatening the family and that it doesnt bother the grandparents because they are used to it. Another one was about a fight that happened in her home with blood everywhere. Just last week she told me that I was the one person who has kept her sane through all of the crazy stuff going on in her life. Just 1 day after telling me this she said she had a epiphany, that my fiance(i've been with for 6 years) is the reason her husband killed himself. Talking about on Facebook once again, that She is the one who called CPS when in fact it wasn't telling me that she has always hated my fiance because she is stupid and responsible for his death because he couldnt take the pressure of going to court and missing the birth of their son or not being there for their family(well he defianelty isnt there now) if he were to go to jail. My ex and her sister in law were consipring to beat my girl up the next time my fiance went to pick up our daughter(my fiance has been picking up my daughter for the last 4 years because I work) My ex called the cops on me yesterday for harrassment because I was texting her defending my fiance and saying if we can't work this out we would have to go to court. I live 130 miles away from my daughter. The police called me got my side of the story and said there was nothing criminal about what I texted and suggested I don't text her anymore unless its about our daughter which is fine with me. My daughter has stated to me that she wants to live with me(I know she really has no say) which I would love but I want to know would it be in the best interest of my daughter to go to court. My ex also said she will make sure all her kids know that my fiance is why their dad and step dad is dead, filling my daughters head with lies. So with all the proof from Facebook which I have copies of everything she has posted plus all the text messages do I have a chance to get custody? Or should I go to court and ask them to have a court ordered therapist speak with my daughter and see if it's a better fit to have her living with me. Thank you for your time and any help you can give will be much appreciated.


Asked on 7/10/11, 5:41 pm

1 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

It seems that the best solution would be a full custody evaluation to ascertain the mental health status of the mother and to determine the best parenting plan for your daughter.

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Answered on 7/10/11, 9:02 pm


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