Legal Question in Family Law in California
I am in a custody battle with my husband over our 8 years old daughter. My husband is currently dating a woman who has a 7 years old son who may have some behavioral problems. For example, my daughter told me he exposed his genitals and bottom to her and his older sister (his sister is 9 years old), he sleeps in a diaper and he pooped on the carpet over at my husband�s house. I have not met the boy, so I have no idea whether it is true, at the same time it is hard to imagine that my 8 years old will make something like this up. My husband played down the events, his response was regarding the exposing that it was accidental and after the shower, he does sleep in the diaper, but he has never pooped on his carpet. So, it looks like my daughter could be spending more time with my husband and his new girlfriend and her kids. Can I ask for the medical records for that boy and for behavioral assessments let�s say from his school, that he is not dangerous for my daughter to be around?
1 Answer from Attorneys
You are probably not going to be allowed to have access to the medical records of the little boy in question. You should consider having a mediated discussion with your daughter's father about the incidents that have been described to you. You should consider that the child is (a) a child and (b) should not be victimized by prejudices based on limited information.
You may need to (a) make certain that your daughter has an age appropriate understanding of the child's medical or behavioral issues; (b) adjust your parenting plan to make certain that all three of the children are being actively supervised by an adult when your child is visiting in the home and ( c ) get a better understanding for yourself about children with developmental and behavioral disabilities. Consult with your family law attorney about how to approach this issue.
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