Legal Question in Family Law in California

Step-Mom creates bad environment

I have two girls, ages 4 and 6. My ex is re-married. We all get along. My ex and his wife split up and filed for divorce. Thier relationship ended in a huge fight, each filling police reports against the other. She has a drinking problem and eating disorder, he has a bad temper and pulled a gun on her. They are now getting back together-I am concerned for our girls. I don't think it's a good environment for them to be in. but I don't want to exclude him from thier lives. What can I do?


Asked on 11/17/03, 3:53 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Step-Mom creates bad environment

Your situation is complex and needs review by someone who can make a reasonable suggestion. I might suggest that based upon your description that overnight visitation be limited or terminated and only daytime visitation allowed, unless of course these incidents occur during the day. File a motion and you will go to family court services who can assess the situation and make some recomendations. You may need to hire an attorney, which would certainly be best, but that depends on the funds available to hire an attorney. Your local facilitators office can help you file the motion. Good Luck, Pat McCrary

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Answered on 11/18/03, 10:33 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Step-Mom creates bad environment

The traditional response would be to return to court and seek a modifiction of the parenting plan. However, you might want to talk with your former spouse about employing a child psychologist to advocate a parenting plan that is in the best interests of your children based upon the present situation before you open up Pandora's litigation box.

For referrals to a qualified neutral therapist or childrens' advocate, as well as a more detailed explanation of your litigation options, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/18/03, 1:42 pm


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