Legal Question in Family Law in California

Threats

I have primary physical custody of my 12 1/2 year old son. We share joint legal but I have the ultimate decision making authority. My son is requesting that I take his mom to court to give her less visitation (he wants visit to be Sat. to Sun in lieu of Fri to Sun & summer visit to be reduced to 2 weeks in lieu of 5). He even told this too her face & admitted that he doesn't enjoy spending that much time with her. She agreed but refused to sign papers that I had drawn up. So I decided to take her to court to have it put in writing for his protection. She's decided to fight it now & is harrasing & annoying me because I'm taking her to court.

She's on probation in LA (domes. abuse), OC (restraining order viol.), San Bernard.(DUI). She is not allowed to harrass, annoy or contact me (except for fam. court order).

I was a federal witness in a case 13-years ago. She knows the person I testified against (he threatened my son's life & she knows this)and he's now out of jail. Shes admitted talking to him & told me hes questioning where I am. Recently she text me ''I heard (name) is looking for a rat''. I take this threat very serious & she knows this. The Fed. DA is getting involved. Is the enough to have her parental rights removed?


Asked on 4/21/06, 3:36 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Threats

Wow, what a scary situation. It sounds as if she may have committed a crime or at the very least violated the restraining order. The DA should be assisting you to have the custody order modified to stop all contact until you return to court. Supervised visitation may be the only contact that is appropriate so your son's desire for a reduction in the length of the visits may well happen. Before she went round the bend in response to a simple request to modify the needs I would have said it might be a hard sell to the court for another year or two. If the DA won't file for the modification of the restraining order do it yourself or get help to amend your motion to supervised visitation.

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Answered on 4/21/06, 4:26 pm


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