Legal Question in Family Law in California

Help...

We ( my wife & i) just found out that my ex-girlfriends' live-in boyfriend is a convicted felon for carrying a concealed weapon and posession of marijuana. This are convictions from 1995 but i've heared from several of their neighbors that he still smokes marijuana on their front lawm. Can i ask the court for custody of our 4 year old son based on that? I'm worried about the living arrangements and my son's safety. I just went to court to try to get more visitaion with my son and the judge denied it because the mother calimed that it would be a disturbance to her family's extracurricular activities(totally crazy if you ask me).We are taling about a 4yr. Old for gods sakes!! I only see my son every-other weekend and we only live 1 mile away from each other. I used to live 40 miles away buy i moved to try to be closer and spend more time with my son but i can't beleive that the judge denied my request (5-03).


Asked on 7/30/03, 2:53 pm

3 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Help...

Sounds like you have some strong grounds for bringing a motion to modify the current child custody orders. It might be dificult to get the neighbor to sign a declaration testifying that he saw the boyfriend using drugs. I do not recommend you get CPS involved in that I have never seen them do any good. They tend to make the situation worse.

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Answered on 8/01/03, 12:43 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Help...

i certainly empathize with your situation and frustration therein from the facts given so far. however, i am not exactly sure what your question is or the remedy you seek within the text of your posting. so, if you would like to email directly with that information, i may be able to assist you in this unfortunate matter and help get you justice.

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Answered on 7/30/03, 2:58 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: Help...

You can do a couple of things to get custody of your son. First, you can re-file an OSC re: Custody and Visitation. Also, if the boy is being exposed to unscrupulous activity, then, you can anonymously call child protective services to go out to the home. Then, if they determine that the living arrangements are not appropriate for the child, you could step in and take full custody. Although, there is a chance that Child Protective Services may not do anything or send your son to a foster home. I can help with filing the OSC re: Child custody.

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Answered on 7/30/03, 3:53 pm


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