Legal Question in Family Law in California
Mental Abuse on Child
I have primary custody of my 8 year old son and his mother has her 3 weekends a month (with holiday and vaction time too). My son has become increasingly unhappy going to her mom's because he is afraid of his mom's boyfriend. The boyfriend is extremely nasty to my son, always picking on him, making him cry, and forcing him to go run errand with him even when his mom is around to take care of him.
What is your advice on this situation? I have talked to my ex about his and asked her to talk to her boyfriend but every weekend my son comes home with new stories of how badly he was treated. I want to go to court to change the custody agreement but am afraid that I might lose primary custody all together since I know courts favors the mom. It was a real battle for me to regain primary custody in the first place. I dont' want my son over there at his mom's with the boyfriend's behavior. I forget to mention that the boyfriend is constantly bad mouthing me to my son. I have considered calling child protective services but the abuse is never physical just mental. Please advice. Thank you.
3 Answers from Attorneys
Re: Mental Abuse on Child
I would recommend that you investigate getting him into counseling. Attempting to change custody based on his statements to you may not go well with the court. The other advantage of having him receive counseling is that if the counselor suspects verbal abuse that should be reported to CPS. The counselor could also recommend a change in the visitation schedule for your child. When you find a counselor do not tele the counselor that you want help in changing the visitation schedule. Rather retain the counselor to assist you child in dealing with visitation issues.
Re: Mental Abuse on Child
It is rather unlikely that an order to show cause re: visitation would result in a loss of primary custody on your part. You can ask that the court order the boyfriend not be around during visits. As an alternative course, potentially (and I would need to know more detail to tell), you could avoid re-opening custody issues by bringing a restraining order against the boyfriend.
Re: Mental Abuse on Child
You know what you need to do. If you are in So Cal or Central Cal, you may call me for a free consultation at 818.739.1544 or get my contact info from my website at www.divorce-legal.net
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