Legal Question in Family Law in California
Court ordered visitation failed- now what?
My husband has a court order for child visitation with his 5 year old daughter. Her mother has taken the child after the court order and one weekend of visitation. She has no phone and no address that we know of to contact her. We have had an attorney help with the first round but the cost is overwhelming to keep our attorney. The childs mother is on drugs, sleeps in her car, changes schools for the child and is mentally unstable by admitting herself to a mental institute after the court order of visitation and having us take the child for care. Then she comes back and takes her. Also, the child has a medical condition in which needs to be taken care of each day and not out of a car. There is joint legal and physical custody. What can we do to stop this and what do we need to show proof of that her mother is endangering the life of this child both mentally and physically?
1 Answer from Attorneys
Re: Court ordered visitation failed- now what?
From what it sounds like you should report the situation to Child Protective Services right now. They will do an investigation and may take the child from the mother and give her to the father. If they don't take her away they will have information that they can share with Family Court Services. That may help to prove a substantial portion of your case. That call should be made now. Then contact an attorney the first thing Monday. Call two or three and get someone that has handled at least 50 child custody cases and who will give you a realistic outlook on costs and outcome. If he promises to get you custody, find someone else, it isn't that easy. Your case could go fairly easily, or could be drawn out, but you are the only ones who are available to protect this little girl. Good Luck, Pat McCrary