Legal Question in Family Law in California

I have knowledge of a child who is living in an abusive household. Her mother has phsycially assulated the child's grandmother numerous times in he course of a year. Although the child has not been struck by her mother she is a witness to these acts. Also, the mother has been taken into custody three times in the last seven months on a 51-50 hold. CPS has been called many times but because the mother and grandmother always have someone pick up the child before the police come there is no proof of child endangerment. CPS has requested that the person who is picking up the baby call but she refuses because she is a criminal herself. The father, who is in the child's life but not with the mother, is looking for the best legal way to handle the situation. He has gone to court and gone to CPS but again, because there is no proof (other than the word of the third party that she picked uo the chil before the police came) the courts are unable to permenatly remove the child from the house. Please help!! This precious baby is only 2 years old

Asked on 10/26/10, 2:18 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

No proof, no case.

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Answered on 11/01/10, 11:45 am
Tina Chen Law Office of Tina Chen

If she's been taken in 3 times for a 5150 hold, subpoena the medical records from the hospital. The Judge may find this is enough to show she isn't stable enough to have full custody. Good Luck.

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Answered on 11/01/10, 12:18 pm

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