Legal Question in Family Law in California

Pending custody issue/abandonment

I am a married female, CA resident, with a pending divorce that involves a 3.5 yr old child. I currently reside with my husband (father of child) and need to leave due to the hostility within the household (verbal and physical abuse). If I were to leave the household with a pending court date, will I jeopardize my parental rights to custody or will this action be construed as abandonment by the courts and limit my potential custody?


Asked on 7/07/09, 8:16 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Pending custody issue/abandonment

If you leave the house with your child due to abuse that should not have a detrimental affect on your custody rights. Staying in the household with abuse could result in CPS removing the children from you for failure to protect.

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Answered on 7/11/09, 2:37 pm


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