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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28356
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am going through a divorce in which mother recently put a

Customer Question

Hi, I am going through a divorce in which mother recently put a retraining order about 4 days ago on me due to the fact that I was concerned about my kids well being and she was afraid of me finding out the truth of what she is doing.I had given my 12 year old a phone for her bday in April of 2017 and also for any emergencies , but when I saw her grades and found out she had 46 absences at school in the recent year that finished I confiscated her phone and mother went ballistic and put a restraining order saying I was wrong by doing so. Come to find out after I took her phone away a week ago I found many things that concern me. There is many, many texts and proof that she has been leaving my 12 year old that was 11 then with a 5 year old and a 2 year old consistently ( 3 -4 times a week alone at all hours of night and up until 5 am on some days. I also had my daughter talk to me as of why she missed so many days of school and she stated her mom makes her stay home to watch kids when mom does not even work. Also in the texts and messages it shows mom telling my 12 year old to clean and feed the kids and if not she would tell me her grades. Blackmailing her and mistreating her and neglecting them. I must have over 100 messages on this. on top of that she is committing welfare fraud selling her food stamps and not feeding my kids when I pay child support and she get aid from state. I don't know what to do or who to go to first since I have a restraining order and I am afraid to make the wrong move since I am the father and most time mom has most of rights. what is the best thing I can do? I am afraid for my kids well being and need to act fast I know. I have filed for divorce and don't know if I need to report all this to whom and how. Please help
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Kings County CA
JA: Have you talked to a lawyer yet?
Customer: I hired a lawyer but I have not had luck in getting in contact with her and don't want to waste time with this
JA: Anything else you want the lawyer to know before I connect you?
Customer: i fell they are in danger and don't want to wait for her advise since i cant even get incontact with her.
Submitted: 1 month ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 month ago.
Good morning. I am sorry to hear about this. Was there a hearing on the matter or the mother just filed for it and you were served? This is just a temporary order at this time, correct?
Customer: replied 1 month ago.
CORRECT
Expert:  FamilyAnswer replied 1 month ago.

Thank you for the reply and I certainly understand. The temporary order was put in place, based upon the allegations alone of the mother. Since this is temporary, there will be a hearing on this, within a week or two and need to appear and contest this, if you want it dropped. A Judge is always going to act in the best interest of the child, so you want to show that you are able to care for the kids and they should be with you and you should have shared custody and/or visitation. Moreover, if the mother is criminal criminal acts and fraud, you can report her and allow her to be investigated. If the mother is unable to care for them and school is missed and she is not acted in their best interest, the kids can be removed from her care and you can seek full custody in the divorce.

Customer: replied 1 month ago.
Ok, who do I report her to the local police agency?
Expert:  FamilyAnswer replied 1 month ago.

If she is committing welfare fraud, you can report this to the county agency. Here is a link with this number, so you can contact them today or tomorrow.

http://www.cdss.ca.gov/Reporting/Report-Fraud/Welfare-Fraud

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

Expert:  FamilyAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!