Legal Question in Family Law in California
My ex husband got arrested for inflict injury on a child. Which would our son, who's 8. He abused my son for not telling him who he sees when he's with me. We went to court, I got temporary full custody, with him having supervised visitation. We have a pending hearing on April 4th, 2012. What are the chances the judge will give my son back to my ex? I already enrolled my son in a school that's closer to me, because I live 35 miles, one way, from his previous school.
4 Answers from Attorneys
This is not my field of law, but with an arrest for battery on your son it is very unlikely the judge would allow anything but supervised visits by your ex.
The court in a child custody case must assess what is in the child's best interests. If father physically assaulted the child, the court should restrict contact and order counseling, anger management and other remedies fitting a cautious reunification plan between father and child. Any criminal case should be submitted as evidence in the family law case. If your son sustained physical injuries, he has a civil cause of action agains his father for any damages. Please consult an experienced family law attorney concerning your legal options.
It would be difficult to determine the outcome. Some of it would would depend on whether the charges are found to be credible, and if the DA moves forward. Even if the charges are dropped in criminal court doesn't mean necessarily that he would win in family law court, because the standard of proof is different. If you want to be sure that your child is protected, you need to have the help of an experienced attorney. For more information, please visit http://ellifritzlaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
