Legal Question in Family Law in California

modify custody due to neglect

My x and I have joint custody that is bi-wkly of our 3 kids.There has been a history of neglect and abuse which is my fear whenever my kids are w/their dad.Im afraid that my sons life will be the price paid before someone takes a look at what is going on.My son has severe asthma.His dad refuses to give him his meds and breathing treatments.This has been a constant problem but my sons health is failing.The 1st day of my weeks visit,I had to rush him to the hospital @3am and he was in the hosp. for 5 days w/pneumonia and breathing probs.He was given meds that was vital for him to take.He got out of the hosp. on Sat and returned to their dad on Mon.When I had my next visit the next Mon,none of the meds were given other than what I gave him!His dad refused to give him his meds!He had to end up in the hospital again 2days.Space limits detail but my kids are treated so bad. Do judges allow kids 8,7&5 speak to them? They are emotional wrecks and things are getting worse.I am looking for guidance to find an atty and modify the custody order.I have medical documents of neglect contributing to my sons current med. status as well as the full history of abuse, restraining orders etc.Can you please help me? I am desperate for answers.


Asked on 12/28/04, 12:37 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: modify custody due to neglect

You need to contact an attorney in the area that you live in and discuss the matter with the attorney. You should also take all court papers, dealing with custody, with you when you meet with the attorney. CPS is reluctant to get involved in alleged child abuse when the parents are involved in a custody battle. You should discuss this matter with the child's doctor. When a parent refused to obtain and give the required medication to a child it can be abuse.

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Answered on 12/31/04, 10:38 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: modify custody due to neglect

In a general sense, you will have to seek a modification of your current custody orders.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/28/04, 1:15 pm


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