Legal Question in Family Law in California

Can getting arrested cause all visitation and legal custody be taking away?
Hello.

I was arrested and went to jail for grand theft. My child's mother took advantage of the situation and filed an ex parte. Her lawyer did not call me but served me by email. I read the email 4 hours late and the judge suspended my visitation until the next hearing. I went to the court to get copies of the ex parte application becuz the mother only served me with the temporary order, mediation letter, and the OSC coverletter.

She is requested to remove all of my visitations and remove my 50% legal custody. She stated that she is in fear of my fleeing the state.

I am a resident of TX and travel to visit my child. I am unemployed. My girlfriend no longer has her lease in CA and has moved with me in TX due to her being laid off.

Due to the ex parte, my girlfriend and I decided that we will have our overnight visitations at a hotel we found in OC which is really reasonalbe price.

Does my child mother have ground and will the judge approve her request of no visitations for me and no legal custody? Also, I had to have my TX home evaluated in order to take my child there. The court date is June 29. Will the Judge still allow me to take my child to TX?

Any help is appreciate. Pro per w/ this for 2 years now. Thank

Asked on 6/01/09, 8:42 pm

2 Answers from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

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Re: Can getting arrested cause all visitation and legal custody be taking away?

The grand theft obviously doesn't make you look like the best influence on your child right now. That being said, where the judge may be concerned about your issues, the judge might find it appropriate to put you on supervised visitation, but I don't see why it would be appropriate to suspend your visitation.

Answered on 6/02/09, 11:22 am

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