Legal Question in Family Law in California

Im divorced for almost 2 years we have 2 daughters...I am currently in a relationship. I live in a 3 bedroom apartment 1 bedroom for my daughters and the other bedroom for my girlfriends sons. They are all under 7 yrs old...My x wife lives with her parents with our daughters she has 75% I have 25% I knew she had a boyfriend and just found out from my 4 yr old daughter that her and her sister sleeps on the same bed with their mom and her boyfriend. I asked her about it but she denies it that she still lives with her parents. Her parents knows but I know for sure that they will not admit to me. I pick up the kids mom is not there when I drop them back to their house mom is not there...She is only there when Im dropping off the support payment. I know she sleeps at her bf's house and from what my daughter told me about the sleeping on the same bed with them and my x is denying it...What can I do? I signed the lease for the 3 bedroom hoping that I would have more custody. My x is always up to something she even reported me for child abuse few months ago. Case was closed a couple weeks later. What happened was I was playing with my daughters at the jumpers...we were jumping around she got too close I scratched her face. It was a very tiny scratch. A week before this incident I asked my daughter when I picked her up what she did the other day...My daughter told me she was with mommy at bf's house. So my daughter kept talking and said...that her butt was hurting so (cant mention bf's name) put oil on her butt. I was very upset I called her house (x's moms house) talk to my x's mom she was not there so I told her what happened and she said you need to talk to your X...So I called her she answered told her what happened she started yelling back at me telling me your daughter is lying. and thats when we she took my daughter to see a therapist. 1st sessin I was there everything went fine..Then 2nd session I could not take a day off at work so she went with my daughter. Afternoon i got a call from the therapist saying that she needs to let the child services know about this...That's when everything started. Cops came to my house twice on the weekend 10PM. Interviewd me...then first social worker came to see my son since he lives with me...social worker told me that third party talked to my daughter and she said she doesn't know what happened and that my x is the one that said I hit her. I don't know what to do...My daughter sometimes tells me her grandma hits her because she did something bad. My current girlfriend is stressing out and this whole thing is affecting our relationship. What can a father do to get more or full custody? My x can simply lie about anything...and she is doing everything she can to take my kids away so she can get more money from me. I don't even need her money if I get full custody. And last week my daughter told me that her grandma told her that when she starts school daddy will not pick her up anymore...I believe that my X wife and her family are brainwashing the kids.. Help me please...


Asked on 9/10/09, 2:34 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

You should file an order to show cause with the court requesting sole legal and physical custody. You may also want to file for a temporary restraining order to keep the boyfriend and the grandmother away from the child. The mother's rights to custody are no more important than your rights. If the child will be safer or better off with you, then that is where the law requires the child to be.

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Answered on 9/10/09, 9:23 pm


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