Legal Question in Family Law in California

What constitutes child dissertion?

My husband has two sons from his previous marriage (ages 12 & 13). They have 50/50 custody, but on the boys' last visit to their mother, she kicked the boys out of the house, locked the doors and told them to get off her property or she would call the police. The kids have been staying with us since this happened (last wednesday) and they are devestated. What chance do we have of permanently changing custody so we are the custodial parents and reducing the amount of time the boys have to spend with their mother? She is emotionally abusive and they are exhausted. They are asking if they have to go back to her home next Wednesday. She has not called them or asked to see them, but her scheduled visitation is coming up. What should we do to protect them?


Asked on 5/11/09, 1:43 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What constitutes child dissertion?

Obtaining a change of custody is achievable under the circumstances that you describe. You should file an OSC with a ex parte application for a temporary change of custody pending a hearing. The sooner you do this the better your chance of success.

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Answered on 5/12/09, 2:19 am


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