Legal Question in Family Law in California
fighting for custody
My wife's ex-husband, is not following the court order that staes she has
custody on weekends, he is refusing to give her the kid. he is also
claiming things that I (husband) am threatening him, and sexually
molesting his child, ..this is absolutly false, I have never spoken one
word to this liar, and I love his daughter twice as much as he does, and
have never laid a hand on her, but he will make as many false accusations,
or excuses to try and get his way. my wife is going through so much stress,
and is soon going to fight for full custody, what do we do about all the false
accusations and lies that he is going to muster up in court, he will find
somebody to lie for him as a witness, as he has done it before in the
divorce battle. I am really sick of being accused of something i didnt do,
and my step daughter, deserves to be with us anyway, he always puts her in
the middle of arguments, he coaches her to say certain things on the phone
while she talks to her mom, he tells his lawyer as many false stories as he
can, and the police dont seem to care about him violating his court order
either. I guess he has to punch her or kill her before they decide to give a
darn,
1 Answer from Attorneys
Re: fighting for custody
The amount of information provided is really not sufficient to make a reasonable determination as to future legal action. Suffice to say, it appears that the father is violating the existing orders by refusing to return the child. If that is indeed the case, then your wife can take the court orders (provided of course that such orders are adequate) to your local police station to have custody enforced.
If you have an attorney perhaps you should have him/her write to the father's counsel apprising him/her of the situation stating your intention to seek judicial relief if he persists with his unwarranted accusations.
As a practical matter in custody disputes, if there are accusations of molestation made to the court then the court must rightly deal with the matter. In that case, it is very likely that an evaluation will be ordered or minor's counsel appointed.
On another note, I am somewhat surprised that the father, if he feels he has reasonable grounds, has not made any reports to the DCFS regarding the supposed molestation - indeed, the father would have an obligation to do so in order to protect the child. In such case, a case worker will come to your home and if he/she feels it is warranted, the child would be removed from the home and probably placed with the father. Please be aware also, that it is a serious violation for one parent to make false accusations of child abuse.
In light of the foregoing, if you don't already have an attorney, then it would behoove you to retain one without further delay.
I hope the above is of some assistance.
Regards, Damian Nolan
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