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Can You Get Custody if a Stepparent is Charged With Domestic Violence

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  • 03-19-2015, 12:54 PM
    snadget
    Can You Get Custody if a Stepparent is Charged With Domestic Violence
    My question involves a child custody case from the State of: California

    What are the chances of gaining custody from the mother when the her husband has been charged with domestic violence?

    We just went to court yesterday for my husbands 5 year old, because the stepfather has been physical with the mother. He is out of the house, attending AA meetings and has monitored visitation with HIS child only. The court documents state that there is a high chance of repeat abuse in this situation because of the mothers history with abuse when she was a child. There are 3 times when the mother called the police on her husband, only one of the three incidents seemed to be a concern because previous charges were dropped.

    Any thoughts or advice?

    Thanks!
  • 03-19-2015, 01:11 PM
    Dogmatique
    Re: Can You Gain Custody when Custodial Parents Spouse is Abusive
    The court has already made its decision.

    Why does Dad believe he can do anything new?
  • 03-19-2015, 01:27 PM
    snadget
    Re: Can You Gain Custody when Custodial Parents Spouse is Abusive
    This was not a custody hearing, this was just the recommendation of the social worker for the welfare of the child. So far it has not been recommended that the child be removed from the mothers custody. If we want to try for custody we need to file separately in family court. Wondering if this would give us a STRONG case for custody.
  • 03-19-2015, 02:07 PM
    llworking
    Re: Can You Gain Custody when Custodial Parents Spouse is Abusive
    Quote:

    Quoting snadget
    View Post
    This was not a custody hearing, this was just the recommendation of the social worker for the welfare of the child. So far it has not been recommended that the child be removed from the mothers custody. If we want to try for custody we need to file separately in family court. Wondering if this would give us a STRONG case for custody.

    No, it would not, because he is out of the house.
  • 03-19-2015, 03:06 PM
    Dogmatique
    Re: Can You Gain Custody when Custodial Parents Spouse is Abusive
    Quote:

    Quoting snadget
    View Post
    This was not a custody hearing, this was just the recommendation of the social worker for the welfare of the child. So far it has not been recommended that the child be removed from the mothers custody. If we want to try for custody we need to file separately in family court. Wondering if this would give us a STRONG case for custody.

    The court has already received the recommendation from the social worker, and hence there is absolutely zilch Dad can do about it right this second.
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