Legal Question in Family Law in California
Hello here is the story quickly. I have been going thru a long custody battle with the mother of my child. Yesterday she did not show up to court and i was awarded sole physical and legal custody of my son. That night at about 10 pm i went to work as my mother watch him for bed (he is almost 3). Apparently while i was gone the mother who just lost custody that day called the police saying i never returned my son from visitation. They showed up at my home. my mother answered and told them repetedly she did not want them to enter. The officers said it was a child wellness call and they had every right to. My mother walked to the back of the house to get my son to show he is ok and apparently they pushed their way into the house and followed here. Inside my house they found a bong with dirty water and weed on a window seal. They said my son could have whent in there go on a chair, reached the bong and drank the water which is in all honestly a dumb story and never was going to happen. They refused to acknowledge the court paper that showed me being awarded full custody that day and perseaded to remove my child and give him back to the mother. Now apparently i either have to wait for cps to come and check me up or take her back to court to get to see my son again? The officers clearly had no idea what they were doing. They came to my house under false information, entered my home against the owners will and than remove my child to the mother who just lost all custody. I would also like to mention i have had cps called on me 2 times before by the mother. Both times i did admit to smoking pot and was found to be a perfectly fine father. What do i do now? police are still refusing to acknowledge the current court order even tho its sighned sealed and the judge told me to give it to her.....
2 Answers from Attorneys
The courts are in conflict concerning the use of marijuana and child custody cases. Unless CPS has an emergency order preventing you from having a child, the order that you recently got should prevail. Please meet with an experienced family law attorney to explore your legal options.
You need an attorney and also understand that since she lost custody she will use everything, including the marijuana as an excuse to get custody back. Stop giving her an excuse. Decide what is mire important the child or the marijuana. The police did not know the information was false at the time. But the marijuana and paraphernalia in plain sight may be enough. Get an attorney t o work through this.
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