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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.