QUESTION: Yesterday evening my daughter's father was arrested for firing a gun at another person. What legal action should I take to keep my daughter safe? She is 6 months old and sees him regularly, but he is not allowed any over night visits. We do have joint custody. How hard would it be for me to have joint custody removed?
MY RESPONSE: It isn't the arrest that will make a difference. It would be a conviction for assault with a deadly weapon, and/or perhaps the facts relating to his commission of that crime. You would best retain an experienced Family Law Attorney to represent you, to file an Order to Show Cause to modify child custody. You stand a good chance of removing the father's joint custodial rights due to the violent nature of the father's crime, but you will need to prove the facts, and the father has a constitutional right not to respond to questions whose answers might tend to incriminate him.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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