Legal Question in Family Law in California

overturning custody

Can my ex get sole custody if my current husband has been convicted of spousal abuse towards me in an isolated incident? He himself, pled guilty to spousal abuse but now wants to take our son from me. I was even granted a long-term restraining order against my ex that is still in effect. We do not communicate except through e-mail. We exchange our 3-year old son through a third party. Aren't his claims a little hypocritical to think he could get sole custody with me having supervised visits?


Asked on 7/12/08, 1:58 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

Re: overturning custody

Yes you can try to get sole custody. You should act immediately though if you feel like your child is in danger. A restraining order is also helpful in child custody cases.

Good luck. As always please consult a qualified attorney in your area before proceeding.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 7/23/08, 3:21 pm


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