Domestic Violence and Child custody in es husbands home

[tyandjules]

What is the name of your state (only U.S. law)? California

My ex husband has a girlfriend that has been living in the home for almost 3 years. Within those 3 years he has kicked her out 4 times. He kicks her out because she leaves and doesnt come home for 3 days at a time and everytime he kicks her out she hits him they scream she pounds on the windows and doors in the middle of the night and this last time she kicked out the windshield of his car and told him she was going to spit his throat if he talked to any of her family. My 2 little boys are witnessing all this. One time she even called the police and said he was abusing her and when the police came they asked my kids what happened and they told them that their daddy never did anything to her and that she just screams all the time. My ex has promised my son over and over that he will not let her in the house again but he does and Ive tried to support him when he tells me that shes going to change and if she doesnt she's but this last time he also found baggies in her purse with a cocaine substance in it. Again he said that she's not coming back in and I told him that's it now drugs are involved and that Im seeking custody but she told him they werent hers and he said that he's trying to give her the benefit of the doubt. I am now convinced that he is not in his right mind and that I should seek custody but I dont know if the judge will make that happen for me...any advice? I dont want to take my kids father away from them but theyre not in a healthy situation...

 

[CdwJava]

If you believe the children are in an unhealthy environment, then seek custody. If what you are saying IS happening, then they are in an unhealthy and unsafe environment.

So ... how come you do not have custody already? It is rare that dad gets custody over mom without some extenuating circumstances.

 

[tyandjules]

I've always tried to keep their father in the picture and I was afraid that because he's not actually the abuser there was nothing that could be done. I suppose Im naive and tried to believe that the kids weren't really affected because he always told me that she would never do anything to them. But they can't even sleep peacefully at night because she's pounding on the windows and doors and waking them up with screaming. I can't afford a lawyer do you know if I can go to the child support office and file for custody...Sorry but Im not very knowledgable about the court system and when I look up filing for custody it just gives me lawyers telephone numbers. Thank you so much...I feel so much better knowing this is not just me blowing everything out of proportion.