How can I get back custody of my children?

UPDATED: May 31, 2012

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How can I get back custody of my children?

I have 2 daughters; 1 is 12 years old years old and 1 is 11. Their mother won the custody 3 years ago butmy daughters cannot stand their mother anymore because of emotional and physical abuse. They want to live with me.What can I do to remedy the situation? Can my daughters go to court with me? Do I need a lawyer? Will it help?

Asked on May 31, 2012 under Family Law, California


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

Answered 10 years ago | Contributor

I would strongly suggest that you get help from ana ttorney.  You are going to have to over come what ever obstacles that you had 3 years ago that prevented you from obtaining custody.  But if there are new "issues" here  - the abuse - then you need to make an application "in the best intersts of the children" which is how all Judge's decide custody cases.  The children are old enough to be spoken with and their opinions will count.  "Mommy is too strict" is not something that the Judge will consider.  The abuse is.  Good luck.

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