Legal Question in Family Law in California

Help needed with Child Protective Services issue

Hello, I need to find out if someone can help me with an issue with Child Protective Services. My wife and I are in the process of divorce and have been having many arguments because we still live together (along with her son/my stepson). When the arguments get heated my wife overreacts and calls the police claiming I hit her. I have never hit her nor threatened to hit her. When the police come out and talk to us they end up simply going away. The last time they came out they said they would report this to Child Protective Services. A social worker came to my house the other day and told my wife that she needed to get her son out of the house and go through a process of proving that she is a protective mother. It is likely that she is not going to meet the criteria and they will take the child away from her. I am apparently being prevented from seeing him. Even though he is my stepson, he considers me to be his father and I consider him to be my son. I have provided everything for him for 3 years. I am concerned that they will destroy his life and dump him into a foster home. I have never committed violence against him or my wife. I need help, what can I do?


Asked on 1/26/06, 4:46 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Help needed with Child Protective Services issue

Although you are not the biological father here, you may still have very strong custodial rights in this unfortunate set of circumstances. However, we would need more background facts from you first. For a free phone consultation, contact us directly ASAP.

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Answered on 1/26/06, 5:08 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Help needed with Child Protective Services issue

You can file a petition with the juvenile court requesting that you be determined to be the child's presumptive father. This would based on your lengthy relationship in the father position with him. You should act quickly in taking this action.

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Answered on 1/27/06, 1:38 am


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