Legal Question in Family Law in California

Can I request full custody of my children if the father is emotionally abusive to the children?


Asked on 2/21/12, 9:43 am

4 Answers from Attorneys

Peter Tuann Law Office of Peter Tuann

Unlikely, it is the policy of the government to have both parents in the lives of the children. You have to prove serious abuse, what is "emotional abuse?" The court will not take your word for it, it will get sent to Child Protective Services or Family Court Services, where it will be investigated, it will take months and numerous court appearances. Your ex-husband will be furious and even more uncooperative and litigious

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Answered on 2/21/12, 10:13 am
Arlene Kock Law Offices of Arlene D. Kock APLC

Consider filing a motion for modification of the parenting plan allowing for supervised contact between father and the children. If your children are suffering emotionally, request that they participate in court ordered counseling allowing for the therapist to provide information on the children's status to family court services. Your children deserve to be protected. Consider requesting father pay for the cost of the counseling and your attorney fees especially if therapy determines father is causing harm to the children.

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Answered on 2/21/12, 10:46 am
Brian McGinity McGinity Law Office

I agree with Ms. Kock. Although it can be difficult you need to fight for your children. I would suggest filing a motion to modify. You may want too consider requesting the court order a family evaluation and also request the court appoint minor's counsel for the children. Sometimes a good minor's counsel will be able to see the problems and make suggestions to the court.

Good luck

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Answered on 2/21/12, 7:32 pm


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