Legal Question in Family Law in California

Is it illegal for me to keep my daughter from going to her fathers house? At this point my ex has moved out and we have tried to come up with a routine and schedule for visitation of our daughter. He is living with his girlfriend and her kids and her brother. He will not allow me to meet her or have her contact information. Yet, he leaves my daughter with her continually while he goes out to party. He also has changed his phone number multiple times and the only way to contact him is at his place of employment. My daughter comes home with all of her clothes smelling of urine and tells me she sleeps in the bed with her father and his girlfriend. She also tells me that there are spiders and roaches at the house she stays at every other weekend.


Asked on 1/30/13, 10:20 am

1 Answer from Attorneys

If you do not have a court order in place with a custody schedule, it is not illegal to keep your daughter from visiting her father. If you do so, however, you run the risk of being viewed as interfering with her relationship with him, which is a big black mark in any custody battle in court. If you do have an order you must get it modified rather than just stop following it or you will be guilty of contempt of court, which is even worse. Either way, you need to file for a custody order or a modification before you do anything. If you feel something needs to be done right way, ask for an ex parte temporary order, and an order shortening time for a hearing.

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Answered on 1/30/13, 10:32 am


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