Need advice Re: child endangerment / neglect - California?
I have a friend who is in need of some legal advice. She has a five year old daughter. She has been separated from her ex (they were never married) since 2009. Father has history of drug (marijuana, cocaine, methamphetamine) and alcohol abuse. He has had a DUI and has been arrested for violence while intoxicated. Both parents reside in Sonoma County, California.
Mother stopped by fathers house unannounced because father did not have a working phone and she needed to confirm pick up time for their daughter. Father was passed out on the couch and daughter let mother in the house. Mother then saw numerous guns and ammunition within child's reach, along with marijuana and marijuana pipe, graphic pornographic magazines, and sexual products with pornographic photos on them all on the nightstand next to bed where daughter sleeps. Daughter was only in a t shirt and underwear, after just finishing antibiotics for pneumonia two days prior. Daughter also has asthma and the house smelled very strongly of a mixture of cigarette and marijuana smoke.
Mother called police to do welfare check and they said he had a medical marijuana card so there was nothing they could do, even though there is a court order that states mother can request father to be drug tested within a 12 hour period. Father has ignored multiple previous requests to be tested with no legal ramifications.
Mother also called cps and they were less than helpful and said they would file a report.
Mother is at her wits end and so frustrated with the legal system not protecting her daughter when she is so obviously neglected by father and in such an unhealthy and dangerous environment when in the fathers care. Does anyone have any insight as to what mothers next step should be? Any resources for free legal advice?
After many costly rounds at family court, Mother cannot afford to retain lawyer at this time. Any and all advice would be very much appreciated.
Re: Divot, firstly I'm asking for advice, not your negative comments, she did call the police right away, they came, looked at the house, and said there was nothing they could do because he had a medical marijuana card. One of the officers even commented that he drinks beer and has guns in the house and has kids and it's perfectly legal. Then, they left.
- divot IILv 77 years agoFavorite Answer
"Mother then saw numerous guns and ammunition within child's reach, along with marijuana and marijuana pipe, graphic pornographic magazines, and sexual products with pornographic photos on them all on the nightstand next to bed where daughter sleeps...." and mother didn't call the cops right then? Wow. She should be prosecuted for reckless endangerment of daughter for leaving her in that situation. No wonder she is at her wits end... she has almost none.
Add'l: Something is amiss. If the situation were exactly as described the police would have called CPS for an emergency removal. Also, parents have a thing called parental responsibility. Mom should have run out of the house with child. Cops actually know how to store firearms--believe it or not.Source(s): Rock science.
- riddleLv 43 years ago
Has she talked to the district lawyer's place of work with regard to the drug attempting out? Does the father have a criminal checklist? if so, the weapons might desire to be the hook for the law enforcement officials. Is there a regulation college in Sonoma County? If there is, they might have materials for offering professional bono criminal illustration. The Sonoma County Bar affiliation is yet another a threat source. I agree that a digicam is an extremely solid theory. according to risk the new child's scientific expert might desire to grant CPS a heads-up re:the cigarette/marijuana smoke AND the weapons.
- 7 years ago
if your daughters old enough, why dont you ask your daughter to take pictures of the house ? and reward her with a big barbie doll house and some milk and cookies. lol not but seriously the dad sounds like a total deadbeat dad. i hope things turn out well for the childs sake.