Pittsburg, CA asked in Child Custody, Divorce, Family Law and Domestic Violence for California

Q: If I live in a shelter, could I lose custody of my toddler to my ex?

I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court order that neither of us can remove our child from the county we live in without written permission from the other parent.

I have spent all my savings on an attorney for the first time we went to court and he has said that if I don't do what he wants, he's going to spend the entirety of our communal property on filling every suit he legally can with his attorney. Last week he said that I have no rights to our house, so I need to leave, or he will have me removed. I have no other home and no resources so this will make me homeless. Even with evidence of the years of abuse, is it possible to still lose custody of my child to my ex?

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: YOU ARE ASKING THIS QUESTION TO A GROUP OF DOMESTIC VIOLENCE AKA CRIMINAL LAWYERS.

YOU NEED ADVICE FROM A LOCAL FAMILY LAW ATTORNEY.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: The court would consider what is in the best interests of the child.

James R. Dickinson
James R. Dickinson
Answered
  • Divorce Lawyer
  • San Bernardino, CA
  • Licensed in California

A: The law says that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider: The age of the child; The health of the child; The emotional ties between the parents and the child; The ability of the parents to care for the child; Any history of family violence or substance abuse; and The child’s ties to school, home, and his or her community. Visitation orders are varied, depending on the best interests of the children, the situation of the parents, and other factors. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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