Legal Question in Family Law in California
I divorced in 2003. In the agreement my ex has primary residence for my son. We have joint custody. I left the house. I didn;t want to disrupt my son's life. I didn't ask for alimony or child support, since he was to remain in the house with my ex. I was going through menopause and was have emotionally problems. My ex is very verbally abrusive then and now. I want my son to live with me now and I want child support. My ex drive drunk with my son. He is very aggresive with him with his words and grabs him when he gets mad sometimes throwing things at him., I feel my son is not safe with him anymore. He might drive drunk again. What can I do? Can I take him back to court and change things. My ex is always swearing using horrible words in front of my son. No morals. He has no respect for me.....not a good place for my son to be
2 Answers from Attorneys
You should be able to go back to court to get a modification of the support order and custody upon presenting enough evidence to the judge to show the danger to your son. You will have to speak to a local attorney who handles such matters to determine how best to proceed and if you will need an attorney to represent you and to what degree.
A court can always modify support and custody based on "changed circumstances" and "best interests of the minor child."
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