Legal Question in Family Law in California

My soon to be ex pretty much just shows up whenever he wants to see the kids. We have no orders in place yet as this is new. He wants to take them to a halloween carnival at their school on Friday AND show up and take them trick or treating on Monday (Halloween Day). I told him he couldn't do both and that he had to choose one. He said he will be at both and if I didn't like it too bad. What can I do so that he doesn't just show up whenever he wants? I don't like being around him and don't want to pretend we are a big happy family when we are not. I am also staying at my parents with our three kids. They don't want him around either. Right now he shows up whenever and walks right in the door without knocking. It is becoming bothersome and he thinks he's doing nothing wrong.


Asked on 10/26/11, 11:36 am

1 Answer from Attorneys
Michael Schneider Family Law Center

The problem is, that absent court orders, you both have equal rights to share in your children's lives. No, he cannot just walk into your parents' house, but yes, he does have a right to frequent and continuing contact with the children. The problem is, when you begin to say no, that he will claim that you are keeping the children away from him. Sounds like you need to get your case filed and get set custody and visitation orders. I would suggest you seek out a family law specialist in your area. Good luck!

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Answered on 10/26/11, 11:41 am


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