Legal Question in Family Law in California
Should i follow my attorneys advice or my therapists?
I have been separated for my husband for almost a year, ive had numerous meetings with my attorney trying to find out why there hasnt been a hearing to go to court to decide the custody issue. Hes answer has been we filed for a court hearing date and were waiting. Almost a year later, there is a hearing set for a short trial hearing.
I have been surpervising visitation with my 3 1/2 old girl and 1 1/2 little boy. The reason being is that he is a conviction registered sex offender. I left and took my children in order to protect them, i felt that my little girl was in danger, and i move in with my parents. To this day he has seen them every other weekend for an hour. Supervised by me, at no time is he allowed to be alone.
I have been in theraphy for 6 months, due to the abuse i endured, physically, emotionally and sexually. Ive been able to open up with my therapist and im making progress, his advise is to press charges and let this be known in the child custody hearing.
I have not been able to discuss this is detail with my attorney, just briefly about the hitting, he advises we not say this is court because its not a criminal trial.
Will keeping quiet affect him getting unsupervised visits?
1 Answer from Attorneys
Re: Should i follow my attorneys advice or my therapists?
It is difficult to determine what is happening in your case. There are two things you mentioned that are puzzling to me.
First: it seems unusual for it to take a year to get a court date for a child custody hearing. These hearings are usually given preference on the calendar.
Second: is the statement by your attorney not to mention the domestic violence that you have suffered at the hands of your husband. There is a family code section that provides, generally, that in the case of domestic violence visitation with the children should be limited, and custody should be given to the victim parent. There are exceptions to this general rule. You have to be cautious in presenting these facts so that it does not appear to be a hatchet job to keep him away from the children.
Consult with another attorney regarding the facts of your case. Try to get a recommendation from a friend.
Father definitely should not have unsupervised visitation with the children.
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