Legal Question in Family Law in California

As a father and straight forward clean citizen, do I have the right to prevent my wife from bringing her boyfriend to her house or taking my under-age daughters on out of town overnight excursions with her boyfriend? Can I get a restraining order against the boyfriend from seeing my kids?


Asked on 12/01/10, 5:34 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

The answer provided to this question is general in nature and cannot replace the advice given by a qualified attorney during a confidential office meeting designed to fully explore your legal options.

The issue here is if the boyfriend is a bad influence on the children and or if mother's behavior is harmful to the children. Each parent has a right to their private life including romantic involvements with new partners. However, if these changes are stressful to the children or if there are behaviors by mom and her boyfriend exhibiting that are innapropriate, it may be justified to seek a review of the parenting plan and return to court. The issues raised in your question really demand the careful review by an attorney skilled in the area of child custody and family law. I urge you to meet with someone to get a more refined answer to your question.

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Answered on 12/07/10, 1:49 pm

The simple answer to your question is that unless there is objectively provable risk of harm to the children, you can't get the order you want. Kids wind up with step fathers all the time. The law does not keep them from being around the kids until the wedding. Unless it is harmful to the children, divorced parents are encouraged to move on and form new stable family relationships. That starts with being boyfriend and girlfriend.

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Answered on 12/08/10, 12:36 pm


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