Legal Question in Family Law in California
My ex husband was given temporary custody
My current boyfriend of 2 years has bogus charges against him that are 3 years old they are for lewd and lasivious acts with a minor under the age of 14. He didnt know he had them until he was recently pulled over and there was a warrant. Well my ex husband found out and took me to court and the judge gave him temporary custody of our 2 kids both girls ages 7 and almost 3. My boyfriends case is still pending and I want my kids home where they have always been. There was also a CPS case which was quickly closed because they saw nothing wrong with my home. I also have a 15 month old daughter from my boyfriend who is still with me because CPS saw nothing wrong. I thought my boyfiend was innocent until proven guilty but I guess I was wrong. I need to know what law references if any I can bring up when we go back to court to get my kids home. Please help....
1 Answer from Attorneys
Re: My ex husband was given temporary custody
New family code sections require removal of a child from a home in which a registered sex offender resides. The court apparently took this action as a preventive action to protect the children. You are apparently faced with the unpleasant choice of the children or the boyfriend.