Legal Question in Family Law in California

I have a custody/visitation order with my ex over my 7 year old daughter. This last visitation she came home with a black eye that he gave her. I took her to the police department, they are handing it over to the DA and CPS. My question is, the court ordered visitation is that he can see my daughter 2 overnight days a week and every 3rd weekend starting friday if he worked or not. According to the police officer I spoke to last night, since he doesn't have a job, or "days off" of work, then he would only be able to see her on the 3rd weekend of the month. I am in the process of filing an emergancey protective order and to revise the custody order, but while all of this if going through I need to know if this is true?


Asked on 11/05/12, 10:06 am

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

You need to do whatever, emphasis on what and ever, to get an emergency protective order against your daughter's father and to get the visitation order vacated until the CPS matter is resolved. While it is natural to ask peace officers for legal information, they are not generally the best resource. You must get to the Family Law Facilitator or your divorce lawyer to get an emergency order in place as soon as possible. Your child's safety is at issue. As long as the matter is under investigation, the child's father should have no contact with her or at least no contact without independent supervision.

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Answered on 11/05/12, 2:53 pm


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