Legal Question in Family Law in California

A friend of ours has had custody of his 4 yr old daughter since she was an infant. Yesterday he was served a restraining order from the scorned mother accusing him of molesting the daughter. Nothing could be further from the truth. He is devastated and has no idea how to even respond. There is a court date on Tuesday 8/10/10. The paperwork states that the mother unknown to the father took the daughter to a Dr. in April to be checked. The mother just now decided to bring charges. She is upset that he has full custody because she has a record of drug use and forgery. He allowed the mother (after she completed rehab) to stay in a spare room in his house so his daughter would not be without her mother. Now he cannot see his daughter or go home to his house. There is also a freeze on his bank account. What can he do? Can or should he speak with CPS regarding this. He is not sure the x-wife would not do something to the daughter to make the accusations look real. He is very worried about his daughter's safety and scared for both he and his daughter because there is no telling what the x-wife is capable of. He has no money and no where to even stay because she took his house and his money. Can you help him? Thank you.


Asked on 8/07/10, 1:53 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

Your friend needs an attorney. He can contact the bar association for referral to a limited fee panel, he can contact Legal Aid for assistance and most urgently he needs to consult with a public defender regarding the risk of a criminal filing. Good luck.

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Answered on 8/19/10, 11:22 am


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