Legal Question in Family Law in California

my ex - wife was found guilty of trespassing into my Fiances home when I had are two sons over for the night with her two new thug type boyfriends and one held me down on the coach and the other broke my nose and gave me a concussion that has left me with a lifelong brain injury and back injury. They must have punched and kicked me 40-50 times, they did not even stop right away when 911was called They were given 3 years domestic violence restraining orders and were still doing battle in court over visitation. She contends that I have not paid her any support but I have proof I did and have but I will confess that while we were married I had a 200,000 per year job and lost my business and make only a fraction now. My 15 year old son will testify that his mother and older sisters and the two men fled the scene before the ploice got there and he saw everything and that they were bragging in front of my kids how bad they hurt me. My 15 year old I think is scarred for life and he confessed it to his school counselor and I have him as a witness and his declaration and my wife threatened my two boys and youngest girl to lie about what hapenned. He said they would rehearse everything over and over again making allsorts of false allegations about be a falling down drunk and what not. I have one conviction on my record which was a wet reckless from 9 years ago but the rest is a fairy tale to make me out to be some monster. The investigator doing the 3111 did not even bring my children with her so she could see how we interacted because the wife would not allow it. She has my numbers blocked so I cannot even talk on the phone with my kids, which is a direct violation of the judge and she has not let me see them on my terms in 5 years, no B-DAYS, NO X-MAS'S, NOTHING. My oldeest son is 15 getting into trouble , been suspended on numerous occassions and needs a fresh stsrt and a normal life, with his mother he has no supervision at all except from his older sisters and he cant take it anymore. Now that he 15, the wife had me beat up with restraining orders on her could I ask the court to change custody and what are my chances? I live in a very nice home in a very nice area, my Fiance welcomes and loves my son and she herself is an attorney.


Asked on 9/25/11, 7:09 am

2 Answer from Attorneys
Michael Schneider Family Law Center

Based upon the domestic violence, I would have filed immediately for a change of custody. With a conviction there is a statutory presumption that your son should be with you. I am just wondering what is taking you so long to file. I would suggest you get counsel to help you with this.

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Answered on 9/25/11, 10:15 am


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