Legal Question in Family Law in California
Pressing charges against step-father and/or mother
I need advice ASAP. My two children, 14 & 16 yrs old, live with my ex-wife and, until recently, their step-father (due to a restraining order- domestic violence, resulting from my ex-wife's drunken husband striking my daughter causing my ex-wife to attack him.) The police were called. My ex-wife's husband reported physical abuse as did she. They have a court date to answer to these charges. Ex-wife says there is a possibility of the children being placed in a foster home. This seems like an isolated incident that would not warrant removal of the children, but there is a long history of instability in the home. Should I file for custody before the court intervenes? Can I as non-custodial parent press charges against him for striking my daughter? How and what can I do from Oregon to protect my children. Do I have any recourse in re my ex-wife's neglect of our children? Thank you!!
1 Answer from Attorneys
Re: Pressing charges against step-father and/or mother
I am assuming your ex and the kids are in California. I am also assuming that the divorce was in California and in the county where she still lives.
You need to hire an atty in that county to seek a change of custody. The problem might be solved if the stepfather is out of the picture, but maybe not. You may have a basis to seek an emergency order for change of custody on an ex parte basis.
Yes, you can sue the stepfather. You will need to be appointed as the children's guardian ad litum for purposes of the suit and to obtain restraining orders. You will need to have an atty.
email for names of attys in whatever CA county we are dealing with. I am in San Diego.
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