Advice Needed...

[crc9998]

Hi...I posted this before, but did not get any advice...I am hoping that someone out there can give some!! Anything will do...Thanks!!

State name: California. My brother and ex-sister-in-law, have been divorced for the past 5 years. My brother has physical custody of both of their sons, with her having monitored visitation. During their marriage, she attempted suicide on 2 occasions (one time while home alone with the sons).

Well, in the last 5 yr, her visitation allows her access to the boys every other Saturday and Sunday (from 9am to 1pm, monitored by my brother. In the last 5 yrs, if she comes at all, it is only on Saturday from 9am to 1pm. In the meantime, she has went on to remarry (just over this last Easter weekend), and has another son (who is 1 1/2 yrs old). Her new husband has 2 daughters, from a previous marriage. SHe and her husband recieved primary custody of these 2 girls, due to their bio-mother taking off with them. Well, about 2 months ago, the girls were removed from my ex-sister-in-laws house due to Child Abuse (by my ex-sister-in-law). Social Services is now involved and from what my brother has been told, she is in jeporday of losing her 3rd son too.

Here is our dilemma...she has suddendly taken an interest in wanting to see my nephews over a weekend unsupervised! In the last 5 yrs, she has never even hinted at wanting to take them, and now suddendly she does. My brother has told her, that he feels she has bigger problems with the child abuse charges, and needs to take care of those issues way before ever asking for unsupervised visitation. She said she knows, but wanted him to answer her...so obviously he told her no. However, we are scared that she is wanting to see the boys unsupervised, so that she can take off with them, her 3rdd son, and if possible the 2 step-daughters. We suspect it, by just knowing the type of family she belongs too.

Is there anything my brother can do in this situation??? I mean, would a judge issue a restraining order on her for their safety??? My brother is not necessarily worried about when he/or any of our family is with them (they are watched like hawks), but he is worried about when they are in school. What type of protection could he get for them from her?????

Thanks for your time.
__________________
Lisa

 

[Ambr]

the school needs to be notified of the situation and also give them a copy of the decree stating that he has full custody of the children and she has limited, monitored visitation. also a note that no one is to remove the children from school without the being notified by the father

 

[crc9998]

Ambr...thanks for responding!!!!

One other thing...to restrict the removal of the kids from school...does it matter that she still has legal custody??? My brother has been told that since she has legal custody that she can remove them from school??? (I, personally, thought that only phyiscal would matter in this situation).

 

[lawrat]

What your brother needs to do is to hire a family law attorney to do a couple of things:

1. Bring a motion to amend the original child custody order to suit his purposes.

2. Enforce it against the ex.

3. In conjunction with all of this, based on her past behavior that is hopefully documented, get a restraining order.


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