California. My daughter and her husband separated approx. 3 weeks ago. They have a son age 2. She filed for divorce a week ago, including requests for visitation to husband, support and court mediation. Until court states visitation what is the law for visiting and custody if husband is harassing,threatening and bullying for visit he wants. Is she required visits requested by her husband that she feels are not good for their child? He has threatened to pickup their son and not return him.
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Custody & visitation before court appearance
- Thread starter lrcupit
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
TinkerBelleLuvr
Senior Member
Until court ordered otherwise, EACH parent has equal access to the child since they are MARRIED.
Hisbabygirl77
Senior Member
You know if my spouse was keeping me from my children I might be tempted to do the same. Tell me if he was keeping your daughter from seeing her children would you expect her to just sit back and say oh well?
did she file a temp visitation order?
CA comes with a standard restraining order. has mom served dad yet?
LdiJ
Senior Member
''
True, which means that each can keep the child from the other if they are so inclined, or if they feel they have a valid reason.
If I had my child in my physical custody and the other parent was threatening to pick up the child and not return the child, I certainly wouldn't allow that to happen until at least temporary, enforceable orders were made.
killerzoey
Member
I am in this gray area with a loose cannon husband, and I sympathize with how painful it can be.
We now have a visitation schedule that has been agreed upon by us via our lawyers. But prior to this, since the girls are very young, live with me, and I am and have always been the primary caretaker, it was my understanding that I would not be viewed very favorably by the court if I allowed visitation that was harmful for the children. Also that being their primary caretaker, I was in the best position to decide what was in their best interest. Now, if I had forced that at any point I could have been slated as denying their father access to the kids. Luckily I didn't have to do that so much (exception was the era of the TRO) but I was not going to let his apparent attempts to slate me as interfering with his access to them put them in a bad situation. In my case, the fear is of him falling asleep while they're in his care, leading me to steer the visits toward earlier in the day and not do overnights until he tries to get to the bottom of his sleep issues. So my actions have to match my concern here. I believe that is important both to establish status quo and so that the issue can be addressed.
Even with the temporary agreement involving lawyers, he made off with our daughter for a bit. Luckily by then his lawyer was well involved and talked him down from that ledge. Mind you, he sees them 6 days a week. He just can't deal with structure and is impulsive. He fails to realize that having this very liberal parenting schedule ensures him regular time with them. He just fixates on the part where he can't make plans with them during my time, and rebels against that like a child. Anyway...
If I had to do this over again I think I would have tried to get temporary orders a LOT sooner. Good luck to you.
We now have a visitation schedule that has been agreed upon by us via our lawyers. But prior to this, since the girls are very young, live with me, and I am and have always been the primary caretaker, it was my understanding that I would not be viewed very favorably by the court if I allowed visitation that was harmful for the children. Also that being their primary caretaker, I was in the best position to decide what was in their best interest. Now, if I had forced that at any point I could have been slated as denying their father access to the kids. Luckily I didn't have to do that so much (exception was the era of the TRO) but I was not going to let his apparent attempts to slate me as interfering with his access to them put them in a bad situation. In my case, the fear is of him falling asleep while they're in his care, leading me to steer the visits toward earlier in the day and not do overnights until he tries to get to the bottom of his sleep issues. So my actions have to match my concern here. I believe that is important both to establish status quo and so that the issue can be addressed.
Even with the temporary agreement involving lawyers, he made off with our daughter for a bit. Luckily by then his lawyer was well involved and talked him down from that ledge. Mind you, he sees them 6 days a week. He just can't deal with structure and is impulsive. He fails to realize that having this very liberal parenting schedule ensures him regular time with them. He just fixates on the part where he can't make plans with them during my time, and rebels against that like a child. Anyway...
If I had to do this over again I think I would have tried to get temporary orders a LOT sooner. Good luck to you.
Last edited:
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">