Legal Question in Family Law in California

Custody Question

My 5 yr old son resides with my ex-wife his mother. She drops him off to kindergarten and then picks him up around 6:30 pm and puts him to bed at 8 pm nightly. My son has a hard time going to sleep and he has said "mommy gives me Tylenol to go to sleep" and just this past weds she said she gives him melatonin to sleep. My son has been complaining about his stomach hurting for awhile now, one of the side effects of melatonin is stomach aches, all research I have done states melatonin has a high possibility of danger. My ex feeds my son mostly fast food, when I have him we mostly eat at home and work on school work and play at the park and with cars and trains on the floor. My son and his older half brother (14 yrs old) don't get alongand my ex leaves myson in his care. My son has stated that "mommy yells all the time" , I have also picked up my son and he has said he has not had a bath. Also my son is hyperactive and unable to focus and my ex will not get him tested. My son shows all the signs I did as a child and I went through all the testing etc... my ex is also verbally abuse and only calls when I have my son to bitch about money. I have also asked her to Not give my son melatonin as it is dangerous and she is still giving it to him. I have all research paperwork and pics. My son has asked me "why does mommy call me child support?). I had full custody of my 2 older sons and raised them to be respectful educated young men. I am seeking to take full custody of my son. I live in San Bernadino County and my ex resides in Los Angeles county. My ex also some how closed my personal debit card and rushed a new one to her address and I was charged $15 for rush fees, then she used the card with my name on it 6 times (on the joint acct she refuses to take me off of), I do not use her acct at all) My question is, do I have enough against her to take full physical and legal custody of my son? If I don't


Asked on 10/10/14, 10:15 pm

1 Answer from Attorneys
Michael Hulshof Michael Hulshof

You have two separate issues here. First if an individual fraudulently orders a debit card in your name in order to launder money you have civil remedies.

Now in regards to custody what is your timeshare now? Do you have joint legal custody? If so get the child checked. Your research is not going to win the day. You are not an expert in the area and testimony on it would not have any authority behind it. Get the child checked out. If it is this medication causing your child sickness share the findings with the mother. If she continues to do it otherwise, risking the health of your child, then you would certainly have an argument for sole legal custody and perhaps physical. If nothing else you can confidently inform the Judicial Officer that you attempted to handle the matter outside of the court. The Judge will appreciate this.

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Answered on 10/13/14, 2:42 pm


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