Legal Question in Family Law in California
step parent is undermining parents ability to continue to co-parent
My ex husband is remarried and his wife is doing everything in her power to undermine our long standing good coparenting relationship. he has primary care of our 2 children 9 & 8. Primary care we agree apon in Aug. there have been several time she has called the cops on me tring to alledge child abuse, every time- unfounded. she does this when he is at work. she talkes bad to my children about me and is even, I have found out BI-Polar. If me and my ex try to work out something benifical for the kids and it requires, what she considers to much interaction between us, my children pay the price. She is trying to undermine the affection that my children have for me, and she tells them they have to call her mom. Is there any way I can stop this with court? My ex says he doesnt know what to. The last time she called the cops, the investigator, advised me to go back to court and file an order to show cause. I have spoken to my children and my 8 yr old wants to live with me and my 9 year old wants to stay with his dad. Do I ask for primary car of my daughter only or will that look bad in the eyes of the court? help please.(Desperate mother)
3 Answers from Attorneys
Reply: step parent is undermining parents ability to continue to co-parent
I suggest that you considder family counseling as an alternative to going back to court.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: step parent is undermining parents ability to continue to co-parent
you definitely have available causes of actions here based on your facts thus far. you may want to file for a modification of the custody agreement based on these "new" circumstances with your ex husband's current wife in which you would have a good shot at becoming the primary custodial parent if that is what you desire. also, you may want to file defamation, abuse of process, malicious prosecution, wrongful initiation of civil proceedings, and/or invasion of privacy claims against her if her statements are "maliciously false" against you. we feel for your circumstances and do not like to see any mother go thru such awful circumstances. so, if you email our law office with more details, we may be able to provide you further assistance and/or representation.
Re: step parent is undermining parents ability to continue to co-parent
You should go to court and request custody of both of the children. Living under the circumstances you describe has to be determental to them. You should act immediately. The longer you wait the more difficult it will be to convince the court that the situation is detrimental to the children.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
