Legal Question in Family Law in California

Hello. My ex wife and I have 2 kids together and she has primary physical custody so I only see my kids on weekends. My ex and the kids live with her boyfriend. Her boyfriend has 2 kids with his ex wife. Recently, the boyfriend was arrested for abusing his kids. There is a restraining order against him and he lost all custody rights. He admitted to abusing his kids and he was ordered to take anger management and parenting classes. He is also not allowed at the school where he and my kids attend. Since my kids live with him and their mother they are around this man on a daily basis. Due to his legal issues, I am worried for my kids safety around him and I am worried that my kids are not in a good environment. I am unsure about what I should do in this situation and the steps I need to take? I want my kids safe and want what is best for them. I would appreciate advice. Thanks.


Asked on 10/09/14, 2:16 pm

1 Answer from Attorneys

Time to go back to court for a custody order modification that requires him not to be present in your ex's home when the kids are there, and/or that gives primary or sole physical custody to you. Your situation is totally valid grounds for seeking one or both, although it is not a guarantee that you would prevail. The judge has to decide what is in the overall best interests of your kids, unless you and your ex can agree on what will happen about this.

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Answered on 10/09/14, 2:22 pm


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