Legal Question in Family Law in California
My ex husband's dad caught my ex, & his girlfriend stealing over 300 DVDs, & my son's TV from his house to pawn/sell, using his girlfriend's car. My ex's father plans to call the cops tomorrow.
My ex then moved my son & him out of his house (Within the same city), without notifying me, OR my son (While he was with me for the week). My ex husband's dad feels my son is in danger, as he'll be sleeping on the floor in a 5 person household, PLUS dogs. My son does NOT feel comfortable over there! So everyone, including his own dad & my son, want me to get my son full time, & file an emergency hearing this coming Monday.
My son doesn't want to go home. He doesn't feel safe, or comfortable! My ex won't even call when I have him, to check up on his well being. My ex does has full custody, with joint legal. With mine being 3 weekends a month, plus shared school/vacations/functions. I can provide him his own room, clothes, food, & I have income & car. My ex does not, only living at his girlfriends, with borrowed vehicles. Do I have a chance @ getting my son full time? He's 8, but knows he wants to live with me.
2 Answer from Attorneys
With the events as you described, you seem justified in seeking an emergency request to change custody. Your son has been exposed to criminal conduct by his father and a questionable living environment. Your ex father in law might wish to consider a call to child protective services as well.
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