Legal Question in Family Law in California

Background - Divorced complaint has been filed by wife, not opposed, no answer filed by husband. Still waiting for divorce to be finalized. What started out as an amicable divorce has grown increasingly hostile since the filing, with the mother acting irrationally, abusing prescription drugs, and leaving the two minor children to be watched by her new boyfriend's 13 year-old daughter. Accusations are flying back and forth between the soon to be exs.

Question - Father wants to do something to try and stop her behavior from affecting the kids. He knows it will be difficult to get full custody anytime soon, but is there something that can be done, before the divorce is finalized, to keep the parties separated and the children safe? Is a TRO the only answer or are there other options?

Thanks in advance for any advice.


Asked on 9/20/10, 5:11 pm

1 Answer from Attorneys
Diane Singleton-Smith Singleton Smith

Dad should answer the divorce and ask for sole legal and physical custody with supervised visits while mother is a drug addict. Dad should also file an Order to Show Cause for temporary orders that he has sole legal and physical of the kids so he can protect them from mom. The court may grant supervised visits to mom. You will need evidence and the court has the authority to drug test her.

A TRO will give dad stay away orders, but there must be some threat of harm. Otherwise dad just needs to let the nasty words go in one ear and out the other.

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Answered on 9/26/10, 12:00 pm


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