Legal Question in Family Law in California
Hello, my name is Joseph Mixon.
I have a question that I hope you can help me out with.
I am currently going thru a divorce with my Wife Rachael Mixon.
We have a 3 and a half year old son named Preston Mixon. We no longer live with
Each other since I am trying to get my life in order by getting a good job
And earning enough money to get a place of my own.
Unfortunately to do that I have found myself learning the Trucking trade
And I can�t be around my son all the time. My wife has a new Boyfriend named
Lee Budrik. I am nervous about my wife being with Lee because he has a
long criminal record that includes abuse of an ex girlfriend or spouse,
He has been convicted and prosecuted for that and he is on probation right
Now because of it. Lee is always at my wife�s apartment staying the night.
my son has complained
To me that he is yelling at him and kicking him out of his moms room if he can�t sleep
In his own room because he is scared, since he�s new to sleeping by himself.
Lee budrik has another offense on his record for sleeping with a minor and numerous drug
Charges for marijuana and paraphernalia. He also had his CDL revoked because of reckless
Driving. When I think of someone that gets caught for reckless driving I think of an impatient
Person that doesn�t care about other peoples safety.
I want to know if there is anything I can do
To not let Lee Budrik be around my son. He seems like the type of person that
Is a walking time bomb that could explode at any minute and do harm to my son
Or do harm to my wife. I know that he has to be lying to my wife about his abuse charge.
He told her that he was just holding his girlfriend back from her since she
Was trying to beat him up and that�s
Why he was arrested and charged. He also claims that he had witnesses to back his story up.
If he truly was not hitting her then he would have never been arrested and or charged. If you
Could help me out with my dilemma or steer me in the right direction I would appreciate it a lot.
1 Answer from Attorneys
You can seek custody of your son on the basis that your wife cannot provide a safe environment for your son in the divorce proceedings. Apparently from your question you presently lack accommodations for your son to live with you. Another option would be to have a relative file a petition for guardianship of your son with your consent on the basis that it is in your son's best interest to live in a safer environment and that your wife cannot adequately protect him.
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