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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.