How do i switch sole custody over to me the dad is in jail for dv

Asked over 1 year ago - Los Angeles, CA

Dad and live in girlfriend has been in a domestic violence situation he is in jail now he gets out next month but we have joint custody he has sole custody do i have to give him my son back i fear for his life i went to family court and file for sole custody my son told the social worker he wants to live with me Help please

Attorney answers (2)

  1. Jack McRae

    Contributor Level 13


    Lawyer agrees


    Answered . First, you say "we have joint" then you say "he has sole". Not sure what this means. So the answer is a bit general.

    If you have filed for sole custody and social services are involved, then you may want to check with them on your options. You should also bring to your court hearing as much data/proof of the dv situation he went to jail for. And you should get some legal advice. You can always seek the help of the family law court self help clinics.

  2. Tobie Brina Waxman

    Contributor Level 18

    Answered . You said you filed for sole custody. Do you mean you filed a motion requesting a change in the current custody orders? If that isn't what you mean, then that is what you need to do.

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