Legal Question in Family Law in California

My daughter will be 14 next month. She has lived with me for the majority of her life. She recently tried living with her father (for the past 3 months). Now she has decided it was a mistake and has returned to live with me, her mother. This has caused a lot of friction and anger between father and daughter. We went to court 10 years ago. His alternate was approved stating that she would live with me and see him on the weekends. However, his court fees were never paid, so the case remains open, with no legal judgement. He as recently become so angered with her that he has threatened to "beat her until some one has to pull him off of her". He has been recorded saying these things more than once. She does not want to visit him at this time. What are our right's in this situation? Mine, hers and his?


Asked on 6/23/10, 9:31 pm

2 Answers from Attorneys

That constitutes domestic violence, and gives you and her a right to a restraining order. You should file for one immediately, along with an OSC to modify the child custody order to require supervised visitation.

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Answered on 6/24/10, 8:18 am
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

The judge did make an order, father's attorney simply did not prepare the written order to be signed. This means you may need to file an OSC (possibly ex parte) to have the order changed due to domestic violence threats accompanied with a request to change visitation. If father was unaware he was being recorded (for example, it wasn't a message left on voice mail nor was he told the conversation was being recorded), this could be an issue for you. I would suggest hiring an attorney.

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Answered on 6/24/10, 11:27 am


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