Legal Question in Family Law in California
Child custody
My ex and i have been separated now for 6 months now, we have a 6 yr old. Now that i have a new girlfriend she is threating to not let me see my kid. can she do that? if i pick him up from the baby sitter can she call the cops on me? we don't have a court custody papers
pls advise
2 Answers from Attorneys
Re: Child custody
Anybody can call the police at any time. In this type of situation, though, sometimes there are other considerations police have other than just your legal rights. Keeping the peace as well as who the child is currently residing with will most likely take precedence. If she is present and the police respond, then they will most likely side with her and tell you to go to court to get visitation orders.
As a caring parent, I would opt not to put your son through that kind of drama. It is best to do this in the presence of adults in court, rather than have a bunch of screaming and yelling and police. Hard for a 6 year old not to be scared in a situation like that.
Re: Child custody
You should go to court to get custody orders. It appears your ex and you are unable to work out a time share without court intervention. If she contacts the police do not get angry or show any violence whatsoever.
As always please consult an attorney in your area before you take action.
Good luck.
Law Offices of James Chau
181 Devine St.
San Jose, CA. 95110
http://www.JamesChauLaw.com
http://sanjosefamilylawyer.blogspot.com/
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