Legal Question in Family Law in California
I am seperated from my ex-husband we have 5kids together our oldest refuse to see him our 11 year old wants to stop seeing him when the kids were in his care he sent our 11 year old along with a 10 year old to wal -mart to buy lunch for him and the rest of the kids they went unsupervised without adult supervision to wal-mart i was there asked where was her dad she said at home it was over100 degree weather outside they took their scooters to the store i gave them a ride home when seeing her father he was well capable to go to the store.my 11 year old came home with a black eye this is not her first time coming back from her dads house like this and my 11 year old told me she went in her dads room and found where he keeps his pipes for his drugs she also told me both adults in the house would drink until there drunk i asked her who's sober for all the kids no one and she also told me that her dad and his grilfriend tends to always go out to go drink and do stuff leaving her alone with the rest of the kids there are 7kids home alone over there the oldest ranges from 12,11,10,7,8,7,3 what can i do last time i tried to protect my kids from my ex i looked liked a crazed mother just trying to take the kids from there father when all honesty he really needs help our kids need to be safe.
1 Answer from Attorneys
You are in a difficult position. Your complaints about father's conduct have apparently been misinterpreted. When your 11 year came home with a black eye you should have taken her to the doctor for a checkup. If father hit her and she told the truth CPS would be come involved and would investigate the allegations of child abuse. The other approach would be for the children to tell a school teacher or school nurse about the abuse. They are mandatory reporters. Most of the time they take the safe way out and report the alleged abuse. The children should be advised to tell a teacher, school counselor or other mandatory reporter what is happening during the visits with their father. Consulting with an attorney regarding this matter would be a wise move on your part.