Is this possible?

[Lillypadquinn]

In California. If parents share 50/50 legal and physical custody of a child, can one parent demand that their child not see a particular person while it’s the other parents time? Context…. The child spends half the time with mom and half time with the dad. But when it’s the moms time with the child she decides to just let him stay with the child’s aunt and basically lives with the aunt on that potion of time. The dad just went to court and got 50/50 custody and would like to stay out of court if possible but wants his child to stop living with the aunt on the moms time. The dad wants to force the mom to have the child in her care for her time or just have the child live with dad full time. The aunt is also currently being investigated for child abuse for a child she has in her care. Could the dad file a restraining order against the aunt so that the mom is forced to keep the boy away? The mom doesn’t know yet the aunt is being investigated but she does allow her son to be raised by the aunt. Advice please.

 

[LdiJ]

In California. If parents share 50/50 legal and physical custody of a child, can one parent demand that their child not see a particular person while it’s the other parents time? Context…. The child spends half the time with mom and half time with the dad. But when it’s the moms time with the child she decides to let just stay with the child’s aunt and basically lives with the aunt on that potion of time. The dad just went to court and got 50/50 custody and would like to stay out of court if possible but wants his child to stop living with the aunt on the moms time. The dad wants to force the mom to have the child in her care for her time or just have the child live with dad full time. The aunt is also currently being investigated for child abuse for a child she has in her care. Could the dad file a restraining order against the aunt so that the mom is forced to keep the boy away? The mom doesn’t know yet the aunt is being investigated but she does allow her son to be raised by the aunt. Advice please.

You really should not have started a new thread for this question. It really should have been part of your original thread.

However, mom has every right to let her child stay with whomever she wants, on her time, until dad gets things back in court and asks for a modification based on the fact that the child does not live with mom on mom's time.

 

[Lillypadquinn]

You really should not have started a new thread for this question. It really should have been part of your original thread.

However, mom has every right to let her child stay with whomever she wants, on her time, until dad gets things back in court and asks for a modification based on the fact that the child does not live with mom on mom's time.

Not sure why it matters if I posted differently….. but I didn’t receive the advice I was looking for. Just trying to see if court can be avoided but it’s looking more like not. Hopefully mom will just be civil and reasonable without court being needed

 

[Taxing Matters]

Just trying to see if court can be avoided but it’s looking more like not. Hopefully mom will just be civil and reasonable without court being needed

If Mom won't agree with what Dad (and I'm assuming that's you) wants, then Dad will have to go to court. She's allowed to have the kid stay with the Aunt on her time unless the court has specifically ordered otherwise.

 

[stealth2]

Not sure why it matters if I posted differently….. but I didn’t receive the advice I was looking for. Just trying to see if court can be avoided but it’s looking more like not. Hopefully mom will just be civil and reasonable without court being needed

Because it paints a more complete picture of the situation.

This still remains DAD's situation to deal with, not yours. (@Taxing Matters - this is stepMom) And he will almost assuredly need to go to court.

 

[Ohiogal]

In California. If parents share 50/50 legal and physical custody of a child, can one parent demand that their child not see a particular person while it’s the other parents time? Context…. The child spends half the time with mom and half time with the dad. But when it’s the moms time with the child she decides to just let him stay with the child’s aunt and basically lives with the aunt on that potion of time. The dad just went to court and got 50/50 custody and would like to stay out of court if possible but wants his child to stop living with the aunt on the moms time. The dad wants to force the mom to have the child in her care for her time or just have the child live with dad full time. The aunt is also currently being investigated for child abuse for a child she has in her care. Could the dad file a restraining order against the aunt so that the mom is forced to keep the boy away? The mom doesn’t know yet the aunt is being investigated but she does allow her son to be raised by the aunt. Advice please.

Dad cannot dictate. Not at all.

 

[Zigner]

In California. If parents share 50/50 legal and physical custody of a child, can one parent demand that their child not see a particular person while it’s the other parents time? Context…. The child spends half the time with mom and half time with the dad. But when it’s the moms time with the child she decides to just let him stay with the child’s aunt and basically lives with the aunt on that potion of time. The dad just went to court and got 50/50 custody and would like to stay out of court if possible but wants his child to stop living with the aunt on the moms time. The dad wants to force the mom to have the child in her care for her time or just have the child live with dad full time. The aunt is also currently being investigated for child abuse for a child she has in her care. Could the dad file a restraining order against the aunt so that the mom is forced to keep the boy away? The mom doesn’t know yet the aunt is being investigated but she does allow her son to be raised by the aunt. Advice please.

In your original thread (https://forum.freeadvice.com/threads/is-this-child-abuse.661538/), you made no mention of the aunt being investigated for child abuse. In fact, you strongly implied that it wasn't going to happen because aunt works for CPS.

Your post still does not ring true to me and it seems that you are "adjusting" the "facts" to lead to the answer you want/hope to hear.

Have dad speak to an attorney - this is HIS matter to deal with.

 

[zddoodah]

In California. If parents share 50/50 legal and physical custody of a child, can one parent demand that their child not see a particular person while it’s the other parents time?

First of all, there is no such thing as "50/50 . . . custody." Under California law, there are two different types of custody: physical custody and legal custody. Physical custody is concerned with where the child lives. Legal custody is concerned with decisions relating to the health, education, and welfare of the child. The two types of custody can be either "sole" or "joint." If you click the link above, you'll see what those terms mean in the context of each type of custody.

Second, anyone can "demand" anything that one wants, so I assume the question you asked isn't what you actually intend to ask. If the question you intended to ask is whether one parent has the legal right to dictate unilaterally whom the child may or may not see during the other parent's custodial time, the answer is no. Any restriction of that sort would have to be made express in the divorce judgment or custody order.

when it’s the moms time with the child she decides to just let him stay with the child’s aunt and basically lives with the aunt on that potion of time.

This is ambiguous. Are you saying that both the child and the mother live with the aunt during the mother's custodial time? Or is the child living with the aunt without the mother there?

The dad . . . his child to stop living with the aunt on the moms time.

What happened when the father spoke with the mother to express his dissatisfaction with this situation?

The aunt is also currently being investigated for child abuse for a child she has in her care.

Does the father have any evidence of or reason to believe that the aunt is committing any sort of abuse against the child?

Could the dad file a restraining order against the aunt so that the mom is forced to keep the boy away?

No. Only a court can file a restraining order. The father could file an application for a restraining order. Whether there's any reasonable chance of the court entering the order is impossible to predict based on information provided.

The mom doesn’t know yet the aunt is being investigated

Why on Earth would the father not convey this information to the mother?

 

[LdiJ]

Why on Earth would the father not convey this information to the mother?

Social Services may have asked them not to advise mom. They often don't want anyone to potentially give the person who is being investigated a "head's up". I have personally seen that happen.

 

[Zigner]

Social Services may have asked them not to advise mom. They often don't want anyone to potentially give the person who is being investigated a "head's up". I have personally seen that happen.

Mom isn't being investigated. Also, allowing the child to suffer harm so that social services can pull a "gotcha" is reprehensible. Of course, per the OP's other thread, the child in question (in this thread) is treated practically like a prince.

 

[AlmostThere]

If the mom does not know that aunt is being investigated - how do you know? Did you or Dad report the issue to be investigated?

Assuming that the current investigation results in an unfounded result, stepson's time with the Aunt should be seen as a good thing. A child benefits from more family members involved in their lives. It is better for the child to have Dad, Mom, and Aunt deeply involved in his life than just Mom and Dad. And even if Mom leaves the bulk of her parenting time to the Aunt, it is better for stepson to have Dad and Aunt in deeply involved in his life than just Dad.

Since you, step mom are authoring these posts, I am directing this to you. Your anger towards mom is clouding your judgment. You are not Mom and you should not be trying to replace Mom.

 

[LdiJ]

Mom isn't being investigated. Also, allowing the child to suffer harm so that social services can pull a "gotcha" is reprehensible. Of course, per the OP's other thread, the child in question (in this thread) is treated practically like a prince.

I know mom isn't being investigated but mom would certainly tell the Aunt. If the Aunt really does work for social services then it is highly possible that they would not want her to have any advance notice.

 

[Zigner]

I know mom isn't being investigated but mom would certainly tell the Aunt. If the Aunt really does work for social services then it is highly possible that they would not want her to have any advance notice.

If that is true, then the conclusion is that they would rather allow the child to suffer harm.

Frankly, this step-mom's story doesn't really hold water, but that's a different subject entirely...

 

[LdiJ]

If that is true, then the conclusion is that they would rather allow the child to suffer harm.

Frankly, this step-mom's story doesn't really hold water, but that's a different subject entirely...

I suspect that stepmom's real interest is in making child support go away, but I might be being cynical.