Legal Question in Family Law in California
Stepmother possibly abusing her kids
My daughter who is 11 lives with her dad part time (50/50). He is married and his wife has 3 kids of her own. I have tried to show the court how unfit they are as parents (history of abuse, drug/alcohol use, attempt suicide) but they still believe it is best for my daughter to spend 50% of her time with her dad. I was just contacted by CPS, they have opened a case because my ex and his wife had all 4 kids at a hotel on a Sunday night (almost a month ago) where they were partying. My daughters's stepmom got into some sort of fight with her son (11 or 12 yr old) and the cops were called and CPS opened case. My daughter missed school the next day due to all of this, even though my ex told me she wasn't feeling well. I can not get a copy of police report without court order so I really have no idea what took place. I need to protect my daughter and am worried every time she has to go over there due to current orders (50/50). I want to get court order to release police report to me but don't know how. If report shows the step mom was abusive (physically or verbally) I don't want her around my daughter, ever! I don't know what to do. Any advice or direction would be appreciated. Current case is in North County Division of San Diego.
2 Answers from Attorneys
Re: Stepmother possibly abusing her kids
If you were my client, I would go ex parte to suspend visitation until this matter came to light. You may be able to subpeona the police report or perhaps get an order for its production via the ex parte appearance. To get full custody of your child you must be very aggressive and experienced. That is something that one gains practicing law in this area. Contact me directly. 20 years experience.
Re: Stepmother possibly abusing her kids
There are various options that you have depending on how much money you have to spend. You can go ex-parte to ask for a temporary order pending a hearing, however, since you have limited facts that may not work. If you file a motion and go to Family Court Services, the mediator at FCS can contact CPS and get information on the incident. If they do not get input from FCS you can then subpoena the records. You should have and experienced attorney assist you. I have been doing this for 30 years and suggest to many people that they do not need an attorney, however, your case certainly requires one. You may call my office to set an appointment for a free telephone consultation. Good Luck, Pat McCrary
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