Legal Question in Family Law in California
Court Orders
I have 5 daughters.I stay home. The dad, and I have been in each others lives for almost 20 yrs without a marriage liscense, although, He says to me ''In God's eyes We are Married''. 3 yrs ago He spanked our daughter(5yr old),and left a hand print, other bruising. He was convicted of felony child abuse. criminal court/juevenile court was both involved. recently he told me he retained an attorny, he's waiting for a court date for child custody and support in the family law court. We still live together. the whole scene is uncomfortable. 2 months ago he decided to withold the family finances from me. easy to do since all things important he puts in only His name such as bank accounts/vehicles. Before I had to ask him for money for groceries or explain in detail what I need any money for. If it sounds reasonable he gives me the bank card or some cash. Now its no money for gas or groceries or doctor copayments etc.He says he is not obligated to give me anything if thats what he wants to do. What can he do in family law since the criminal court and the juevenile court already has child custody orders in place? Joint legal/primary physical for the mother(me). will family law undo the criminal court order?
1 Answer from Attorneys
Re: Court Orders
If a court other than family law has jurisdiction (an open case) and has already made a custody order the family law court will not make a custody order. Be sure the judge knows! They will make a support order based upon both of your incomes and the percentage of time. I don't understand why you have not asked for a restraining order/kick-out order or taken the children and left. Living with a child abuser does not cast you in a very favorable light as a parent. I would also suggest that you return to the court that gave him joint legal custody and request sole legal custody. A convicted abuser is not entitled to make decisions for their children. I urge you to get an attorney. These issues are too complex to be dealt with by an overstressed mother with 5 children. Your attorney can also guide you to other serves that are available in your community. You sound like you are the victim of emotional abuse if not physical abuse and need to connect with the support network that is out there waiting to help you.
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