My ex-husbands bothers are staying with him. Do I legally have to send my children to stay over night for his court ordered days

Asked 5 months ago - Crescent City, CA

My children are 5 and 7, both girls. His brother is an ex-convict on his second strike. He came to stay with my children's father because he was on drugs. The brother has lost custody of 2 of his own kids and has a third that his parents have custody of.

Attorney answers (2)

  1. Stephen Ross Cohen

    Contributor Level 20


    Lawyer agrees

    Answered . That really is a question that is best put before a judge to not be found in contempt or at the wrong end of a custody hearing. Is the brother cleaning up? Has he relapsed? Did he relapse while the children were in his presence? What did their father do. When did all of the negative aspects of his life take place?

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  2. Abraham Chaparian

    Contributor Level 12

    Answered . I totally can see why you'd be concerned under these set of limited facts. If you truly believe that there is a threat to the well being of your children, you can file an RFO (Request for Order) to modify the existing child custody orders. You will have to show a significant change of circumstances since the last court order. You will need evidence to back up your claims. Your ex-husband will be afforded an opportunity to present his evidence as well. I truly wish the best for your children and you.

    This AVVO Answer does not form an attorney-client relationship, nor is it intended to be anything other than the... more

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