Legal Question in Family Law in California
Divorce and child custody
I have emailed you before my husband keeps coming over and causing problems and he does get extremely violent he has tried to kill me numerous times once he went to jail for spousal battery but I told the cops he didn't hit me because I knew when he got out of jail he would for sure kill me and our 6 1/2 month old son he tells me if he can't have me than no one else can I am so afraid of him that I am to scared to go through with the divorce I have numerous witnesses that have seen and heard all these things Please help me I also wanted to know how my cousin would be able to take custody of my son with me like if something happened to me my son would go to him my husband signed a paper saying that I can have full custody of our son and I have that paper I am very scared for my sons andmy life he is trying to kill me he threatens to call the cops because I know some people that do drugs but if I was tested I would come out clean please tell me what to do?
4 Answers from Attorneys
Reply: Divorce and child custody
I think you need to consult wiht an experienced family law lawyer, as well as check with local shelters for battered women. Shelters can provide you and your children with a safe place to stay, provide training, counseling, etc.
Your local family law attorney should be able to provide you with contact telephone numbers.
Re: Divorce and child custody
First things first. You may have grounds to get a domestic violence restraining order to protect you and your child. If you have an attorney for your family law case (for example, if you are in the process of getting a divorce), then he or she should be able to help you. If you do not have an attorney, than feel free to contact me for assistance in obtaining a restraining order. I may also be able to direct you to a clinic that can help you for free, if there is one in your area.
Re: Divorce and child custody
All of the advice in the world will not help you until you decide that you are going to take action. Contact the police and ask for help in finding a battered women's shelter. These shelters are quit secure and the address is kept confidential. Even you attorney will know where you are. Although there are no guarantees most counties, especially the more heavily populated, have shelters and the district attorney's office will take aggressive action to provide all the protectin available.
The police department can provide you with a temporary restraining order, if there is a recent incident of domestic violence. If not you can obtain a restraining order without him being apprised of your request. You must prepare yourself to take affirmative action to protect yourself and your child. You can prepare a will naming your cousin as the guardian of your child. In addition to naming her in your will make sure that she has regular contact with your child and has a close relationship.
Re: Divorce and child custody
Contact your local battered-person shelter or domestic violence hotline.
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