Child Custody Safety Concerns

Summary

California courts prioritize child safety in custody cases. Given the history of violence and threats, you can seek a custody modification. Present evidence like text messages and restraining orders. At 12, your stepsons opinion is considered. Consult a family law attorney for guidance. Consider a new restraining order for added protection.

Full Conversation

My wifes ex husband has Half legal custody of my Step son and No physical custody. He has felonies for Domestic violence, harassment and stalking. Multiple restraining orders and currently has three pending cases for domestic violence. Given this mans history of violence and unpredictablity should I allow my step son to go with him?
Given the history of violence and current pending cases, you should consider the safety of your stepson as a priority. You may want to seek a modification of custody through the court to address these concerns. Consult a family law attorney for specific advice on how to proceed with this matter.
Would you like help finding a local attorney to assist you further?
He is allowed every other weekend with my step son. He recently threatened my wife that should would "regret it" if our son and he didn't have a good relationship and in text message stated he would "smoke" her. Would the courts in california take that into considration?
Yes, California courts take threats and a history of domestic violence very seriously. You can present the threats and his criminal history as evidence to seek a custody modification. It might be beneficial to gather all documentation, like text messages and restraining orders, to support your case.
Would you like help finding a local attorney to assist you further?
My step son is very scared and intimadated by his father, he turns * in * weeks, would the courts validate his voice in court?
Yes, California courts do consider the child's preference, especially if the child is mature enough. At 12 years old, your stepson's opinion would be given weight, especially considering the circumstances. It would be beneficial to have an attorney to ensure his voice is heard in court. Would you like help finding a local attorney to assist you further?
Should my wife look into another restraining order?
Case Rating: *
Yes, given the threats and the history of violence, it would be wise for your wife to look into another restraining order. Would you like to be connected to local lawyers who can better assist you with your case?
How would the courts justify him having visitation?
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
could you answer please?
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?