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He just wants to talk to his son!

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lorenma

Junior Member
California. My stepson has just started the divorce process, he is living in a different area (due to job situation) than his wife and son. He has maintained close contact and has even established a patern of visitation. Mom just decided that he couldn't see his son anymore because he came home with food on his face and a pair of shoes got left behind because they had dog poo on them. We filed for a temporary visitation but it was denied for no apparent reason, now mom is refusing to answer phones and he hasn't talked to his son for about a week or so, can she do this? Isn't it his right to know that is son is ok and is still living in the same household? What if she has bailed out of state with him, does he have the legal right to at least talk to his son? The baby is only 2 and he prefers to be with his dad, he screams whenever he has had to go back with her, to the point of hysteria on the childs part. He has to go to court soon because she filed an order to show cause, he just got served on thursday the 4th and has to go to court on the 21st. Should he have the sheriff perform a wellfare check?
 


dionysus37

Junior Member
Unfortunately the best advice I have is to get a lawyer. Mom to Mom...get the shiftiest, sneakiest lawyer in your area. Ask around, there is always at least 2 lawyers in your town everyone has heard of or has something to say about them. Usually they accept payment plans and especially in custody/visitation cases because they go on for a rediculous amount of time. Start now, document everything, tape record conversations, the baby crying for Dad, print e-mails... EVERYTHING!!!
 

casa

Senior Member
dionysus37 said:
Unfortunately the best advice I have is to get a lawyer. Mom to Mom...get the shiftiest, sneakiest lawyer in your area. Ask around, there is always at least 2 lawyers in your town everyone has heard of or has something to say about them. Usually they accept payment plans and especially in custody/visitation cases because they go on for a rediculous amount of time. Start now, document everything, tape record conversations, the baby crying for Dad, print e-mails... EVERYTHING!!!
This is horrible advice- you can't tape record without consent in CA. A minor can't consent.
 

stealth2

Under the Radar Member
Until there is an order for custody/visitation, Mom is under no obligation to provide any sort of contact to Dad. The same would be true if Dad had the child in his custody. Hopefully Dad has a good attorney to represent him and to file for temporary orders.

CA is a two-party state in terms of recording - BOTH parties must consent for the recording to be legal. Which does not, however, mean it would be admissible in court.

2 yo's have trouble with transitions - that's nothing new and unless Dad can prove that the child is neglected or abused will have no bearing on the custody situation. Kids cry when left at daycare, when they're going home from daycare, when they're switching from one parent to the other. It's pretty normal.

Lastly.... remember that there is no "we". You as the grandmother (step or otherwise) have no rights. Your best bet is to support Dad as you're able to.
 

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