Restraining Order Help Child involved!

[inthought]

What is the name of your state? CA

I wanted to know if I can get a restraining order against my husband if I found him smoking weed in the house while our 3 year old daughter was in a room next to him or can someone give me any advice on what to do.

I have left the house and he keeps showing up at places trying to get my daughter and I to come back home. He has come to my work and waits for me.

Please help!What is the name of your state?

 

[Dumbhubby]

1st of all YOU are breaking the law keeping your daughter away from your husband without a court order or paperwork of any kind saying he is endangering your daughter. You did your part in getting her into immediate safety from a reasonable bad situation , but now it's time for a judge to make further descisions. You may have a good reason since the low-life is doing illegal drugs, but make it all right and goto the police immediatly. The longer you wait u will be questioned why u didnt get help sooner.

 

[Just Blue]

1st of all YOU are breaking the law keeping your daughter away from your husband without a court order or paperwork of any kind saying he is endangering your daughter. You did your part in getting her into immediate safety from a reasonable bad situation , but now it's time for a judge to make further descisions. You may have a good reason since the low-life is doing illegal drugs, but make it all right and goto the police immediatly. The longer you wait u will be questioned why u didnt get help sooner.

She is not breaking the law. You know nothing about family law so please don't post on a topic you know nothing about!

 

[Just Blue]

I wanted to know if I can get a restraining order against my husband if I found him smoking weed in the house while our 3 year old daughter was in a room next to him or can someone give me any advice on what to do.

What did you do at the time? Did you call the police? No? The it is unlikely you can get a PO based on a scenario that you deemed not to warrant police intervention at the time of occurrence.

I have left the house and he keeps showing up at places trying to get my daughter and I to come back home.

He can do that. He is the father and can pick her up from school, day care, your parents home...ect...If any 3rd party caregiver denies him HIS child then they can be in legal trouble.

He has come to my work and waits for me.

What do you mean?

 

[Dumbhubby]

She is not breaking the law. You know nothing about family law so please don't post on a topic you know nothing about!

You contradicted yourself by saying to the OP that the father has every legal right to the child. Did you not read that the OP is intentionally keeping the daughter away from the father?
There is nothing wrong with my response. What did I say that was incorrect? She MUST get the law involved if she feels the need to keep her away. There is a PROCESS, ya know.....in case you forgot!

 

[Dumbhubby]

What did you do at the time? Did you call the police? No? The it is unlikely you can get a PO based on a scenario that you deemed not to warrant police intervention at the time of occurrence.

Maybe things are so different in CA, but in some states, sooner the better as I stated before of course, a few days may not make much difference as she can be given time to get advice of what to do, ect. But if CA has strict time frames then that is different and you would know that better then me.
But I really cant see a judge in any state not granting a temporary order until a hearing.

 

[Just Blue]

You contradicted yourself by saying to the OP that the father has every legal right to the child. Did you not read that the OP is intentionally keeping the daughter away from the father?
There is nothing wrong with my response. What did I say that was incorrect? She MUST get the law involved if she feels the need to keep her away. There is a PROCESS, ya know.....in case you forgot!

What you are wrong about is telling the OP she is breaking the law by denying dad the child. Per her post there is no custody order...So what law do you think she is breaking? Without a custody order SHE is not LEGALLY obligated to provide the child. BUT a third party CAN NOT LEGALLY deny the father his child. So....If she moves out of the house and Dad shows up to visit with the child she can tell him to pound sand. A judge would probable frown on her behavior...but she is doing nothing legally wrong. Unless there is a court order she failed to mention...

Now if a third party has the child...school, daycare, Aunt, Uncle, Grammy, Grampy, friend, lover...ect.... They MUST give the child to Dad if he shows up. Without a RO that specifically bars Dad from contact with the child, any and all 3rd parties must give the child to Dad at Dads request.

 

[Ohiogal]

1st of all YOU are breaking the law keeping your daughter away from your husband without a court order or paperwork of any kind saying he is endangering your daughter. You did your part in getting her into immediate safety from a reasonable bad situation , but now it's time for a judge to make further descisions. You may have a good reason since the low-life is doing illegal drugs, but make it all right and goto the police immediatly. The longer you wait u will be questioned why u didnt get help sooner.

Please sit back and shut up. She is NOT breaking the law by keeping her daughter away from him if there are NO court orders.

 

[Ohiogal]

You contradicted yourself by saying to the OP that the father has every legal right to the child. Did you not read that the OP is intentionally keeping the daughter away from the father?
There is nothing wrong with my response. What did I say that was incorrect? She MUST get the law involved if she feels the need to keep her away. There is a PROCESS, ya know.....in case you forgot!

Wrong wrong wrong wrong. The father has every legal right as does the MOTHER. Both stand in equality. Without court orders MOM can keep the child from dad and DAD can keep the child from mom. THIRD PARTIES are NOT LEGALLY ALLOWED TO DO SO!
However without a court order mom does not have to allow dad to see the child. Please note the words mom and dad.
Again sit down, shut up and start to learn.

 

[Ohiogal]

What did you do at the time? Did you call the police? No? The it is unlikely you can get a PO based on a scenario that you deemed not to warrant police intervention at the time of occurrence.

Maybe things are so different in CA, but in some states, sooner the better as I stated before of course, a few days may not make much difference as she can be given time to get advice of what to do, ect. But if CA has strict time frames then that is different and you would know that better then me.
But I really cant see a judge in any state not granting a temporary order until a hearing.

I can. There is NO emergency here. Hence without due process she will not get any orders. So shhhh....

 

[Just Blue]

OG...Fix the quote on your last posting....it looks like you're telling me to sshhhh...

 

[Ohiogal]

OG...Fix the quote on your last posting....it looks like you're telling me to sshhhh...

Of course I am Bay. You know you are ALWAYS wrong! No problem.

 

[inthought]

What did I do at trhe time?

I took my daughter and left the house. I did not know what else to do. No, I did not call the police. My immediate reaction was to remove my daughter from the situation. This is a three-year old little girl. She cannot make decisions for herself. I did not know what to do, this is my husband and the man I have been with for the last 8 years of my life but what he did is wrong and something should be done. How can I allow this man to watch our daughter when he has no respect for her.

 

[Just Blue]

What did I do at trhe time?

I took my daughter and left the house. I did not know what else to do. No, I did not call the police. My immediate reaction was to remove my daughter from the situation. This is a three-year old little girl. She cannot make decisions for herself. I did not know what to do, this is my husband and the man I have been with for the last 8 years of my life but what he did is wrong and something should be done. How can I allow this man to watch our daughter when he has no respect for her.

The problem here is that you didn't report it to the police or to CPS. Someone is doing ILLEGAL drugs while in the care and control of your child and you didn't report it. You have no proof that this happened...How are you going to prevent visitation when he seeks it? You have to have PROOF of these things if you want no contact with the other parent...

 

[Dumbhubby]

Thank God I do not live in CA where it is actually legal for a parent to prevent another parent from seeing the child where there is no documentation.
Hey Mrs.... better yet why dont u conceal the daughter from the hubby? In other states concealing a child from the other parent is a 3rd degree felony.