What to do if my mom wants 90% custody of my sister and I but my dad needs us to take care of him since he has cancer and goes to chemo?

She’s also verbally and sometimes physically abusive to us, which my dad does try to put a stop to but he isn’t always there to witness is either. How can I make sure that my sister and I are under full custody of my dad? We don’t want to be with our mom.

Asked on September 22, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

None of this really sounds like a good situation.  Well, if there is a custody action, you will have a chance to talk to the mediator and give them your input about who you would like to like with the majority of the time.

If your mother is really abusive you could/should contact Child Protective Services.

Your other option is to find a relative willing to take care of you (like a grandmother or someone else) and have an attorney represent you or the potential guardian in a guardianship proceeding--attempting to change custody to someone else completely. 

Best of luck.

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