Legal Question in Family Law in California
Here's my friends situation.She got pregnant with a guy she had just recently met.Parents persueded them (for religious reasons,to not have a baby born in wed lock)to marry.3 mos into her pregnancy he gets arrested. They end up marrying while he is incarcerated. Day after they marry, he tells her that he had been previously married and that some paperwork to finalize their divorce was given to him that day to sign.((1st question:does that mean my friends marriage is not valid))
He gets out right before the baby is born and moves in with my friend into her parents house. This lasts about 2 mos.He starts using drugs and gets violent with her causing her to have to file for a dv restraining order against him that covers her, their baby, and her family etc.Judge also grants her100% physical and 100%legal custody and grants him only supervised visits 2 times a month. This was in May. As of now he has made no attempt to set up any visits with his child. This past weekend my friend was served with divorce paperwork.He lied numerous times in it about his address and also is requesting joint custody. He failed to mention that there is a restraining order and he noted that there has been no prior orders of custody as of yet.He tried to retaliate by calling child services and making false report claiming she abused the baby, dcs investigated and immediately closed case due to false report.He has a record of violence,drug abuse,weapons charges, theft, fraud etc that goes back 20 years.(my friend knew none of this when she got pregnant, she recently found this out when dcs ran background check on him)What or how does she respond to the divorce paperwork,are there different forms needed if marriage was not valid, and how does she go about letting the courts know that there is a dv restraining order that covers not only her but the child(he got violent with her when he was holding the baby in one arm.this is why the courts added her to the protective order)His record shows he's never out of jail for more than a few months, she is worried cause he is trying to get custody and she's afraid he will try and leave the state with their child since he has made previous threats to do so.She can not afford an attorney. Please if someone could point her in the right direction, they would be saving a child from possible danger.Thank you.
3 Answers from Attorneys
This is not something you can get help with on the internet. She needs to contact a local legal aid group or similar non-profit for direct help.
If he was not divorce from his first wife before marrying her, he may have committed bigamy. She may be able to access county public records regarding the dissolution filed by his former wife to find out when and if a dissolution was granted, which makes their marriage invalid. Then she can answer that they were not legally married and get the matter over with. She needs to make sure she takes full advantage of that restraining order and does not violate its terms by talking to him or dealing with him when she does not absolutely have to. If he thinks he has any power over her, he will try to use it. Abusive men hit with anything they can find, not just their fists, and they don't care how it affects their children. They also try to make you believe you have no choice but to allow them access into your life. Please ask her to call me - I just want to make sure she and her child are as safe as possible.
She needs to file a Response and Request for Nullity of Marriage (Form FL-120). She can check the box requesting a nullity of void marriage based on bigamous marriage. She can also check the box indicating she wants sole legal and physical custody. On the UCCJEA (FL-105), she can disclose the prior restraining order and custody orders. Most courts offer a legal assistance center that can help your friend fill these forms out. Good luck.
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