Legal Question in Family Law in California

I am currently in a custody fight with my daughters father. She is 15 months old and still breastfeeding. I am currently not allowing the father to take her on unsupervised visits because of his alcohol and marijuana abuse. He claims to be sober now but will not show me a drug test and is very aggressive and angry when he talks to me. Our court date isn't for another month and he is harrassing me everyday to let him have unsupervised visits. He even threatens me with having me arrested for kidnapping. Is this even possible or is this an empty threat to scare me? Will it work against me when we go to court that i am denying him unsupervised visits?


Asked on 3/26/10, 1:41 pm

1 Answer from Attorneys

You can't be charged with parent abduction unless it is in violation of a custody order. You are under no obligation to provide unsupervised visits unless under a court order. If, however, the court finds you are unreasonably interfering with his forming a bond with his daughter, it could work against you in court. The judge will look at all the evidence as to who is working in the best interests of the child, but bear in mind, that is the objective "social worker" view of best interests, not your personal view that dad is a dirtball and your daughter shouldn't be around him.

Read more
Answered on 3/31/10, 2:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California