Legal Question in Family Law in California

Can my wife loose custody if she consistently yells at me in front of the child?

My wife and I are going through a divorce, I am trying to negotiate with her, but she still yells and screams at me when the child is next to her on the phone. I am seeking peace and resolution, but it appears she wants to attack me or something I said recently, no matter what. How will her attitude impact our court ordered mediation?


Asked on 6/06/09, 2:13 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

Re: Can my wife loose custody if she consistently yells at me in front of the child?

I would ask that she stop yelling at you in front of the children in a letter. I would put her on warning that you would seek an emergency screening or some type of ex parte order if she continues the harassment. If you feel threatened I would file for a restraining order as well.

Domestic violence often has a negative impact on a custody proceeding for the one who is convicted of DV.

As always please consult with a local attorney prior to taking any legal action

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 6/08/09, 5:55 pm


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