Legal Question in Family Law in California
Overall neglect and endangered living environment
I have court orders from 2008 in which gives my child's father the primary residence but we both have 50/50 legal and physical custody. Since then he has broken several court orders, failing to notify me of my son's emergency visit when he was sick and is not consistent with the location I am suppose to pick up my son on the week that I have him, also not responsive when I ask him questions in regards to my son's well being. I, also, feel he is putting my son in danger because of the gf he is currently living with is really violent, verbally and physically. She has attacked one of the family members by biting them on the wrist at a confrontation a year ago. I am concerned that she might abuse my child on the weeks that my child is with his father when his father is at work for over 10 hours a day at a time but I have no proof. I also feel that my child needs more time with his intial parents and with my child's father work and long commute, I feel that it is not in the best interest of my child.
My son will also be having surgery to fix 14 of his teeth being at the age of 4. I feel that his father is not taking care of him properly and that I want to by my son's primary custodian. Do I need to hire a lawyer for court modifications?
Also, I tried contacting CPS in regards to an incident that happened with my child's father and his gf where they pushed and shoved each other and used profanity towards each other the night I was dropping off my son to his father's residence in front of my child and the gf's child. The gf went off on me with profanity after I respectfully ask of my child's father if I can speak with him privately in regards to matters of my son. I tried filing a report with CPS but they said that the report won't go anywhere since I've waited so long to get help after the incident.
How can I get help for my son while I am away and with the modification is being processed? I am truly concerned about my son's health and safety I feel like I've reached dead ends. Please help.
1 Answer from Attorneys
A court has authority to grant (or modify) an order for temporary custody to you if there is an immediate threat of harm to the child or you can show a continuing pattern of acts of domestic violence. (Fam C �3064). You may go into Court immediately to request this ex parte. You want to make sure you take action after any incident. If you wait you may receive more answers like CPS gave you. If the safety of your child is in the balance, I would consult with an attorney in your area or visit the Court facilitator's office. Good luck.
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