How to get sle custody of a child due to a parent’s neglect?

My husband and I have primary custody of his son, Kaden. Kaden sees his mother three weekends out of the month. Sunday night, a friend of ours saw Kaden’s mother out partying and getting drunk at the bar and let us know. We called her to find out where Kaden was, and she lied to us, saying Kaden was with her mother, when he was really with one of her friends. She lied knowing we would be upset because of who she left Kaden with. Can this be used against her in court? Can she get in trouble for lying to us about Kaden’s whereabouts?

Asked on January 21, 2013 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What I think that you want here is for her not to have any over night visitation with her son and possibly supervised visitation, correct?  It seems that your husband is already the residential parent.  Sole custody and joint custody generally have to do with the right to make decisions in the child's life.  If you believe that she is placing the child in danger and the court agrees then you can change the order.  Determinations are made "in the best interest of the child."  Seek legal help. The facts make the difference.  Good luck.

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