Legal Question in Family Law in California
Five years ago I got emergency custody and later full legal custody after my ex husband hit my son. Later thougout the five years my ex has had three charges against him for battery against a family member, 1 charge having a weapon and in 2009 a DUI. He was suppose to get cleaned up off drugs and stop the drinking. My husband now of 9 years is in the Military so we had to move away from the ex which was good for my son it makes him feel secure being as far away from as he can get. My son went to a counselor for a couple of years but was doind so good without the ex in his life. We never brought his name up or talked about him good or bad. He was doing great in everything he did, sports, school, clubs, ect.... Now after five years this guy wants to come into his life. Him and his lawyer got the judge to agree to video visitation. My son doesnt know this man who keeps calling him son. He doesnt even get in front of the computer he doesnt want this man to see him and all he does is answer his quesitons. We called our lawyer and told him about the stuff he was asking he even asked him if he could do more than two days and my son said no lets keep it to two days. Hes not suppose to be putting my son in that kind of position. I guess my quesiton is how do we get this guy to leave my son alone. I know hes not done with drugs or alchol but for some reason he has the cops and judge in his pocket but it is a small town. I am afraid that one day my son will be alone with this creep that still denies hitting my son.
1 Answer from Attorneys
Absent, the father giving away custody rights and somebody else adopting your son. The father will always be in your son's life. He has a right to go through what sounds like reunification to start establishing a relationship with the child again. The only issue is at what pace should the reunification proceed at. It sounds like you have a lawyer, yous hould ask your lawyer if they can negotiate on a reunification process for child custody that is at a very slow pace for your level of comfort.
or self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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