Looking for any advice on next steps. My boyfriend’s ex, who he has an 8-year-old son with, is living with her boyfriend, a convicted felon. Last week, her boyfriend was arrested for domestic violence against her, along with possession of brass knuckles and ammunition. She left the house but returned two days later after he got out on bail. Yesterday, my boyfriend filed for emergency temporary custody of the 8-year-old. This morning, it got denied, and their custody hearing was pushed back nearly three months. Is there anything further we can do besides just appeal the court’s decision?
We’re missing some important details. Is Mom still living with her boyfriend? What are the specifics of the domestic violence incident? Was the child present? What’s the current custodial arrangement?
She is back living with the boyfriend. She has family she could stay with but chooses not to. The arrest record mentioned assault with great bodily injury, suggesting it was severe. The child was not involved or present as far as we know. The current arrangement is that my boyfriend gets his son every other weekend, and he’s trying to get every weekend.
Is the mom going to continue to live with the domestic abuser? If so, reach out to her and offer help to get away from him. Provide safety for her and your joint child.
Keller said:
Is the mom going to continue to live with the domestic abuser? If so, reach out to her and offer help to get away from him. Provide safety for her and your joint child.
The home is his. She stayed with her dad for a night but went back with the kids after he was released. We’re worried since she willingly returned after the domestic violence incident.
If she has moved back in with the perpetrator, CPS might be interested based on failure to protect.
Lucypiper said:
If she has moved back in with the perpetrator, CPS might be interested based on failure to protect.
Yes, we tried to call CPS, but we haven’t had any luck getting through.
It’s tough to think about, but if the EX was the victim and the child wasn’t involved, no judge will remove the child from her mother. Until there’s harm, there’s no reason to remove custody.
Appeals in CA take about 18-24 months for family law issues. Did he ask for an order shortening the hearing time? If not, that’s why it’s so far out. You won’t be able to move the date up without filing another Ex Parte based on new facts.
But what if the child has been present during past incidents? One would think that violence in the home would at least lead to temporary removal for safety.
If you and the father are stable and clean, consider calling your local CPS. There are risks, as they will also look closely at you two. If you are ‘clean living,’ this may be your best chance.
Contact CPS and try to get the police report from the incident. If the child was hurt or witnessed violence, get them to see a therapist. Let the school know the boyfriend should not pick up the kid.
GuardianshipGuides3 said:
Contact CPS and try to get the police report from the incident. If the child was hurt or witnessed violence, get them to see a therapist. Let the school know the boyfriend should not pick up the kid.
Thank you! I tried to get the report, but they say it won’t be available for at least 21 business days.
Appeal will take longer than the next hearing; you have to wait.