Legal Question in Family Law in California

Juvenile Dependency vs. Family Law

I am a father. Mother beats our 6 yr old daughter and gets a juvenile and criminal case against her. Prior to this, we had a family law order outlining custody/visitation--which was joint legal, but mother had prim. physical. Our child is caught up in the juvenile court system because the mother beat her. Juvenile court awarded custody to me for 6 months. Everything went well. Then court puts child back w/abusive mother for ''reunification purposes.'' Juvenile case scheduled to close-out in Feb 2007. I want to petition family court for full custody (or primary physical) once juvenile case closes, as juvenile court has stated time again that ''their goal is to ''reunify,'' back w/the mother, even tho mother has a history of abuse to her kids.

What do i need to file in Family Court either now or after juvenile case closes out? What are my chances of getting full custody since mother abused the child AND still has a criminal misdemenor abuse case (for the same child) pending?


Asked on 11/19/06, 10:53 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Juvenile Dependency vs. Family Law

YOU WILL NEED TO FILE A MOTION TO MODIFY THE CUSTODY ORDER. YOU SHOULD HAVE AN ATTORNEY IN THE JUVENILE COURT ACTION AS WELL AS THE FAMILY COURT ACTION. THESE ARE SERIOUS MATTER AND YOU NEED TO DO THE BEST POSSIBLE JOB OF PRESENTING YOR CASE TO THE JUDGE. GOOD LUCK, PAT MCCRARY

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Answered on 11/20/06, 10:19 am


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