Legal Question in Family Law in California
Ok... My girlfriend got pregnant when she was 18. She broke up with that guy and ended up dating another guy.. and a month or 2 before kid was born they got married. She is now 19 and he 37. She grew tired of moving from place to place with a guy who could not hold a job n pay rent... He is also currently unemployed and not paying rent or phone bill so she can't contact him even if he had her son... So she left him a month or 2 before they were married for a year.. she's been trying to get the money together to file divorce papers. She tried letting him have him for a couple days at a time, and her son kept coming home with rashes or slight sun burns. Then the last (last Tuesday) time she was talking to him about when her son was comin home when his cell phone got shut off. Bout 1:30pm. Then at like 8 pm it was bugging her, so we went to the place where he was staying (has 2 eviction notices). When she got there he wasn't home. The landlords talked to her and told her he hasn't been home for a couple weeks.. they said he came by n snuck around back a couple times (due to no rent)... They states that the 2 times they saw him he snuck around with some young girl (they estimated, barely legal).. and her son was not with him either time... So she was upset n called the police.. they met us back at our apt and took down a report, but said that since she was talking bout her son comin home that day or the next day, they had to give him til tomorrow unless she talked to him n demanded her son home sooner.. so she posted an emergency status on her Facebook.. finally by 11:30pm he called cuz of the post.. she found out he had the baby out at Venice all day and was just getting home.. she was upset to find out hee son had not gotten his naps and was only going to bed at 11:30 pm... She demanded him home.. he brought him home ... He was filthy and lil pink. You don't put a kid to bed that dirty.. anyway... She has had it with his bad parenting and she only let him see him cuz he was threateningly her with right to her son.. now she doesn't want to let him.. They were married when child was born and he is on birth certificate, but he is not the bio father. The bio father took a paternity test and was found to be the father.. he is paying her child support n somewhat involved in the kids life... Both her and the bio father feel it is in the sons best interest to take custody from him... His only source of income comes from the lil bit of weed he sells... And he goes around doing this with her son or dropping him off at a babysitter that the mother doesn't know about or had no knowledge of... When he could just bring him back home to her.. the point of him having him was to spend time with him. Which he obviously wasn't.. what can she do?
Also the guy has a record with felony's one is manslaughter... And she had called the cops in hum before for getting physical with her and the newborn at the time..
1 Answer from Attorneys
Do you really need someone on the internet to tell you that she needs to get her child away from this creep? She and the bio father have to get this clown off record as the child's father.