Child custody change

[deleted account] ( 1 mom has responded )

My son is 16 years old and no longer wants to go to his dad's. I live in CA and am wondering if anyone has any advice on how to approach this. My son is scared to death that if we are to go to court and the judge does not want to change the orders then his dad and step mom will treat him worse then they do now. We has primary/joint custody only because he threatened me..he was extremely abusive during our short marriage resulting in him beating me and strangling me until I passed out resulting in a prison sentence. If I did not agree to giving him primary custody he threatened to not only tell the judge that I am on drugs but my son will pay if I do not agree and I believe it because he treats him like crap in the first place and if I do not agree to whatever he wants being my weekend etc. he takes it out on my son. unfortunately when we go to court it's a he said she said situation because it's psychological abuse not physical which to me is almost worse . I'm hoping someone can give me some advice because at this point My son and I are desperate and I am not able to afford and attorney thank you for your help.


Sarah - posted on 05/12/2016




If your son is 16, he will probably be allowed to voice his feelings to the judge. This I do not understand:
"If I did not agree to giving him primary custody he threatened to not only tell the judge that I am on drugs"
If he ever told a judge you took drugs, the judge would do a drug test, and not just a urine but a hair follicle test to check back for over a month; if you were clean you should have not been intimidated by that threat. Also if he threatened your child, to have proof of that is hard but you could have recorded your conversations, communicated only in writing or via text.
This in no longer a he said, she said situation. You child can give testimony. If if you have no money you can request a Guardian Ad Litem for your child. The testimony of the GAL and your son will probably be enough to change the situation.

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