Can my girlfriend lose her custody of her baby if her husband who left her and doesn't live her anymore finds out she's wit me?

Asked about 1 year ago - Irvine, CA

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I've been wondering if my girlfriend can get in trouble with the law and lose her custody if her ex which by law is her husband finds out she's dating me because honestly my girl is scared of that, also her husband hit her a year ago but she never put a report but she has pictures and prove and he also stalks her at Work and school he calls her and txt her bugging calling her names But my girl won't let me get involved because of the same reason that shes scared he is gonna find out what should we do please help us???

Attorney answers (1)

  1. Contributor Level 13

    Answered May 02, 2012 23:51. She cannot lose her child simply because she is dating someone else. There has to be more that indicates that the child being with her is not in the child's best interests. She could file a domestic violence claim, but the judge may ask her why she waited so long. You as the bf need to lay low, because if he is violent, you would give him the perfect excuse to hurt her. There are shelters if she needs a place to stay with her child and she is in fear of him. If she allows her child to witness violence, she runs the risk of CPS getting involved.
    If you have her call me, I can give her a free initial consultation and I can help her make an escape plan. A forewarning though - I am not going to offer advice only for her to come up with every excuse why she can't do it. If he really is abusive, she has to do whatever is necessary to protect her child and make sure she is around to care for her.

    Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing,... more

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