Legal Question in Family Law in California

She wants custody but won't visit

My ex girlfriend gave up custody in Nov of 96 because our daughter(then 7) was uncontrollable at her home and had engaged in advanced sexual activity while in school. Mom didn't visit much (about 5 times in 6 months) but in June of 97 wanted the child back so I went to court and she wanted to make our own stipulation. Then about 3 weeks later my daughter said that mom's husband molested her and I called the police who notified CPS. Even though there was not enough evidence to take the case to trial CPS said due to the allegation and the fact that the facts from the child were so accurate that mom be only allowed visitation with CPS as the go between and no overnighters. Since the last visit on Aug 19 mom has not made anymore visits and has only called the child 3 times but wants custody. During all of this she didn't tell welfare that the child was with me. Welfare has started investigating her for fraud since she waited 2 months to tell them and only because I sent a letter and supporting documents to the agency. When they called her in she lied about the dates and if not for court documents proving what I said was true she would have been able to get away with the lies. My question is :If she hasn't made a visit in 2 months to see the child and has only called 3 times (collect--I told her to ), will the court still give her custody? Also will welfare file charges for fraud or just let it go?


Asked on 10/27/97, 6:03 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

She wants custody but won't visit

Assuming everything you have presented is true AND that you can persuade the court it is true AND there is nothing bad the court will hear about you, GENERALLY a judge would leave custody with you.But to make sure your case gets presented properly, and that weaknesses ih her case a brought out, you need to get an attorney.Regarding teh fraud charges.... who knows. It depends on how lazy the investigator handling her casefile is.

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Answered on 11/07/97, 10:44 pm


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