Legal Question in Family Law in California
I need to know what my rights are with my son, his dad and I have 50/50 custody. I need to know if I can pick him up and take him back to my house and get him out of the abuse he has been having to take?
For 2 & 1/2 weeks now �. My son has been calling me at work very upset and telling me he can not take what his dad is doing to him. I asked him what was going on�.. He told me that his dad is bully him and putting him down. He has been calling him the �N� word because he has not been getting good grades on some of his papers at school.
In addition, he said that he believes that his dad is doing drugs, that he smells burning plant smell coming from his dads room, when his dad it in there with the door shut, as well as gets drunk and passes out outside at times. In our paperwork he is not to be drinking around our son and defiantly it is a given that he should not be doing drugs at all.
My son has said to me that he feels like killing himself if he can not get out of there, because his dad makes him feel like he can never do anything good enough for him. In addition, he is tired of being all an �N� and my ex allows his next door neighbor (his friend for many years) call my son that as well and laughs at it.
Yesterday, my son said that he feels sexual assaulted by his dad, - he said that he wrote a summary for school and when his dad came home from being next door, he put the whole thing down and started calling him a baby and picked him up from the chair and pushed him against the wall. Then his dad said, fine I will treat you like a baby. He demand that my son to take his pants off and underwear, and wear a towel like a diaper. My son was crying� and his dad then said you do not know how bad I want to beat your ass right now.
My son has also said he has a gun in his closet that is not locked up and he can get to it, the reason he knows this, is because he was trying to find out what his dad was smoking when he was in his room and found it in the closet.
2 Answers from Attorneys
You need to go into court immediately and get a domestic violence TRO against the dad, along with emergency change of custody orders.
I would also highly suggest that you find yourself a local attorney who specializes in family law matters to help you with this. Good luck!
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