Legal Question in Family Law in California
My sons father and I share joint legal custody. He has primary physical. However he has a domestic violence case pending and is on bail. I want to know what can I do to make sure my son comes with me and can I get temporary primary custody because of the nature of the domestic violence case? I accidently found out about his pending case and I am a little irritated that he was arrested and he never told me. I haven't told him I know. We live in different counties and I know he has kept this from me on purpose. He has a prior conviction from 11 years ago, but now I have to question the well being of my son. I don't know how to go about handling this situation.
2 Answers from Attorneys
You need to file a motion to modify custody. Domestic violence raises a presumption that the perpetrator is unfit for physical custody of a child. That is a rebuttable presumption, however, so you will need to be prepared to demonstrate that the violence charge is a) true and b) involves conduct that affects his ability to be a suitable custodial parent, if you want to be sure of getting custody. You also fail to mention why he has primary custody. If it is due to something in YOUR past, you will also need to be prepared to show the court why whatever that was is no longer a significant factor in determining what is in the child's best interests.
Psychological studies have demonstrated that a parent who has a history of being an abuser (even if the behavior is not specifically directed at the children)can influence and harm the children by being a model for the children's future adult behavior. Please meet with an experienced family law attorney to explore your legal options.
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