No one can say for certain, but I see many arguments to make:
- Mother is recklessly allowing your child to be in an unsafe household because he's breaking the law which opens the possibilities of police involvement, the arrest of mother for possibly helping him and receiving stolen property.
- Mother is exercising poor parenting judgment and making decisions that put your child's best interest in harm's way (for example, police could burst in with guns drawn; a pissed off victim of the theft could burst in and seek revenge; if this guy is stealing iPhones and tablets, what else is he doing? Is he a gang member? Does he have a criminal record? Who is he selling the stolen property to?).
- By being in a relationship w/ the boyfriend, she's exposing your child to criminal behavior which your child may come to learn and believe is normal and appropriate.
I would think a challenge for you is to prove that he regularly steals iPhones and tablets (and who knows what else), b/c without proof expect mother and boyfriend to deny it which makes it a he-said/she-said situation.
Please be advised this response is being provided for informational purposes only. It is not meant or intended to be relied upon as legal advice.
You would need to prove this to the court with admissible evidence.
You need an experienced family law attorney to help you.
Dawn M. Saenz is licensed to practice law in the State of California and the California Supreme Court, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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