Legal Question in Family Law in California

My fiance shares legal custody of his daughter with his ex wife. She has physical custody. We get her every other weekened We recently discovered that the boyfriend of the ex has been arrested for drugs and is now in state prison and has priors. We actually just found out his last name. He totalled the the ex's vehicle which she is claiming that she did so that the insurance company will pay for it. Fraud... The boyfriend has only been sentenced to 17 months we are worried that for one, according to my fiance's daughter she said Mommy is going to take her to see him and two, he is going to be coming back to live with them. We need to know the best route to take. Do we go in on an OSC, can we even get a restraining order on this drugy in prison! All the puzzle pieces seem to fit now. My fiance's daughter has suffered from UTI infecetions from not being able to be allowed to us the bathroom in a timely manner because the boyfriend was having "stomach problems", well now we know....


Asked on 10/17/11, 11:13 am

1 Answer from Attorneys

I suggest you go in on an OSC to modify custody based on what has happened. At that time you can also ask that the mother's visitation be conditioned on the guy not being present. You can't get a restraining order on someone who has not actually done anything harmful or threatening, particularly when they are already under the ultimate restraint. If he does things when he gets out, then you might consider a restraining order.

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Answered on 10/17/11, 12:48 pm


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