Legal Question in Family Law in California
father got full physical custody, mom neglected children
My husband ex- wife was arrested for 3 counts of child neglect. Her charges were dropped to a mistiminer and her fines were pretty small. She has been know to leave my step-son at home to care for his 2 year old and 6 year old brother. He is now just 8 and it has been going on for years. she has bipolar disorder adn possible split personality. The judge awarded us full physical custody and they still have joint custody. She still gets one week, supervised visits at least once every six months. Our problem is that she keeps telling this poor boy that he will be coming back to live with her soon and every thing will be all better soon. And then other times acts like a child and hangs up on him. His counselor said that what she is doing is abusive and can be considered harrassment. One, can she possibly get custody of him again? Two, is there anything legally we can do to stop her confusion to him? We have another court date in Jan in California, and are concerned that if she does her end of the bargin she can get him back, but other people tell us that she has to prove us unfit before that can happen
3 Answers from Attorneys
Re: father got full physical custody, mom neglected children
Dear Inquirer:
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The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
It sounds as if your Husband might be able to get sole physical custody with very limited and closely monitored visitation for the ex-wife. Contact an experienced Family Law attorney in the California County where the case is pending for specific advise and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: father got full physical custody, mom neglected children
It sounds like you need an attorney who can give you good advice after listening to the full story. It is unlikely that she will get custody, however, anything is possible. You should move to terminate the telephone visits, or at least make them supervised so that she cannot abuse the child in that way. A report from the child's therapist would be beneficial. Again, a good attorney may save you a great deal of heartache and problems. Good Luck, Pat McCrary
Re: father got full physical custody, mom neglected children
It sounds like any judge is going to see that she cannot properly take care of the child. Be sure to keep all documentation and record when and what is said and what the childs reaction is after the phone calls. You should have legal representaion at the custody proceeding, but if you cannot afford it be sure to do your absolute best to persuade teh judge in any and all ways that the best place for the boy is with you and be able to prove it-Martin
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