Legal Question in Family Law in California
Divorced and share custody of our child. While it is joint customdy. His father has primary physical.
Our son spends half the time in his father's home and the other half in my home. And because he is Active Duty Military, when he is on deployment, my son would reside w me.
The situation is this:
My boyfriend and I live together and recently my 8yr old child opened up to his father, stating he is afraid to stay at my house because he is scared of my bf because he is rude to rude people. His father asked if my bf was ever directly mean or abusive in any way to my son. My son replied no.
He jsut doesn't want to stay there while my bf is there.
Now my son's father is threatning to take legal action if my bf is ever around our son.
As a mother, I will always protect my son.
Does my son's father have any legit case?
I want my son to stay w me, but not until he's comfortable enough.
It's been 2 weeks now since my son has stayed at my house though I do I see him when he's at his father's.
Can his father really take legal action if my son stays at my house w my boyfriend being there?
1 Answer from Attorneys
A deeper understanding of your sons reluctance to be in your household is required. I urge you to reach an agreement with your ex to have your son participate in therapy to ferret out the issues as well as enter co parenting counseling with your ex in an effort to resolve this issue without costly litigation.
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