Legal Question in Family Law in California

Ex has sole physical of our son & married abusive husband

My ex has sole physical of our 6yo son. We live in different cities. She has moved and didn't inform me. I tracked down where my son is living, with her parents who are elderly & dont speak English. She lives at an undisclosed location w/her new husband. After making a surprise visit to see my son, I found she doesn't live w/our son, but she lives with her husband & visits our son every few days. Her best friend approached me while I was visiting & advised the new husband scares everyone & is mean & very abusive towards the family & our son. My son admits the husband has hit him on several occasions but I can't see physical evidence. I dont know the whereabouts at this time of my son's mother nor have I met her husband. She has moved w/o notifying me more than once & has threatened to leave the country. I want to get my son out of this situation. Does she have the right to live apart from our son and leave him with the grandparents If I have joint legal custody? How can I get him out of this horrible situation w/o breaking the law?


Asked on 6/15/02, 1:45 am

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Ex has sole physical of our son & married abusive husband

Hire an attorney to get custody of your child. Based upon what you have said, you may be able to get custody ex-parte, before a full hearing. Good Luck, Pat McCrary

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Answered on 6/15/02, 1:02 pm
Michael Burt Diamond, Burt, & Akhkashian

Re: Ex has sole physical of our son & married abusive husband

If what you say is true, you might be able to go into court on an emergency bases called "Ex Parte" and get an immediate order from the court and a restraining order against her leaving the state. -- Then you can work on getting custody of your son. However, before you take such action you should speak to an attorney.

Please feel free to give me a call if you would like to discuss the matter in greater detail. I would be happy to speak with you.

Michael Burt

(213)384-2220

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Answered on 6/15/02, 11:44 pm


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