Legal Question in Family Law in California
father does not supervise little children
I have joint custody of my 2 children 4 and 5, but they have been with me full time for two and a half years since he went to prison,. They see their father every weekend. for the last 6 months on the weekends he has been leaving them all day with their three sisters to watch them the sisters are 10, 11, and 14. they don't watch them at all. when I confronted their dad about all the potentially dangerous situations I have encountered he cussed me out and hung up.I have four pages of typed documentations of the inciedents. He has no driver license so I do all the weekend transporting, so I decided until he is willing to work on the safty issues I wont drive them there. Is this legal? Can he take the kids and not give them back? What should I do?
2 Answers from Attorneys
Re: father does not supervise little children
You must make a decision on whether the circumstances you desecribe constitutes a real danger to the children. If they are in danger you should take action to get the court ordered visitation schedule. You can request mediation without going to court, in many counties.
Another option would be to report the situation to the police as a child abuse case. If they agree with you the children will be removed from his custody and then they will be returned to you shortly after being picked up. If they police do not agree with you and do not file a child abuse report, it will not look good for you in court.
The safest approach for you is to hire an attorney, or contact your local legal aid for help if you cannot afford an attorney.
Re: father does not supervise little children
the custody order spells out what you and he can and cannot do.
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