Legal Question in Family Law in California
I don't know how to ask this. Well, my husband had yelled at his daughter the other night and now his daughter is saying that she doesn't want to stay with us anymore. She is 12 years old. He very rarely yells at her and just because it happened she feels that she doesn't want to be with us on our time. He has a court order for visitation, Friday, saturday, sunday, and every other wednesday. Is her mom able to take her away from us? Also, his ex was recently married to a man who was in prison for two years. Her husband has been registered a gang memeber. He got out in September and got pulled over on his way to pick up my step daughter and got arrested again in November and is currently still in Jail and going back and forth to court. When he got pulled over they searched his car and there was a gun in there that is why he went back to jail. Since he was on his way to pick up my step daughter this means that he continued to have the gun in the car with her in the car as well. Can we do anything? His ex has been in a realtionship before where the guy beat her and shot up her car....thank God his daughter was never there at those times. We tried to get emergency custidy of his daughter cause we were scared for her life and since she got a restraining order they wouldn't do anything for us even though she was still around that man. Also, they live in a very horrible neighborhood. What can we do?
1 Answer from Attorneys
Try to work out problem with his daughter. She may be using threat as bargaining power to control her situation, but court may consider her wishes regarding where she lives. If her mother goes to court over the issue you can point out the risks to daughter over location of home. Remind daughter that if neither home is appropriate she might end up in foster care.
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