Visalia, CA asked in Child Custody, Child Support and Family Law for California

Q: My ex is keeping the kids from me until our hearing and falsely accused me of child abuse. What should I do?

She’s an alcoholic, suicidal, and has a prior coke addiction. I have spanked one of the kids once last year for kicking the brother in the head, but he wears a diaper and I didn’t hit hard. I’m military. She doesn’t work.

2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Retain an attorney. Don't self-represent when the other parent is accusing you of abuse. The court will err on the side of caution to protect the children. You need to know how to respond to these accusations with admissible evidence and you need to know how to present that evidence.

1 user found this answer helpful

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

A: You should take immediate action to protect your parental rights. First, gather any evidence that refutes the false child abuse allegations and demonstrates your ability to provide a safe environment for the children. Second, file an emergency motion with the family court requesting temporary custody or visitation rights until the hearing. Third, consider consulting with a family law attorney to guide you through the process and advocate for your rights in court.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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