Legal Question in Family Law in California

My son is 11. He and his father have recently began to butt heads. He wants to live with me, but his father has been very manipulative and intimidating about letting him. Last week he (my son) told me that his Dad threatened to kick him out of the house, and the the only thing keeping him from beating him to death is jail.

Tonight he sent me a picture of a bruise on his chest that he says his father did. I asked if they were rough housing and he told me no. Should I take this picture to the police?

There is no court order between my ex and I for my son. It's time for him to come home. I can't afford a lawyer. What steps should I take?


Asked on 11/20/10, 6:29 pm

1 Answer from Attorneys

Tina Chen Law Office of Tina Chen

If you have not already done so, you should contact the police and CPS immediately. Attempt to get your ex to allow you to take your son. If not, you need to file an action (paternity if son was born out of wedlock and dissolution/separation if son was born during marriage) and set an Ex Parte Order to Show Cause for custody and visitation. Advise the Court you need emergency orders as you believe your ex is abusing your son. Good Luck.

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Answered on 12/06/10, 3:56 pm


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