Legal Question in Family Law in California

Can I refuse to send my daughter to her mother's home if I suspect that her mother's boyfriend is grooming her to molest her?
I have split physical and legal custody (alternate weeks) and my daughter is 10 years old. He started dating her mom 10 months ago and moved in after 2 months.
He tells my daughter that he is her father since he loves her a lot and that she should trust him (he doesn't do that with her brother). He will only play with her brother to make her jealous if she doesn't obey him.
He sleeps right next to her in bed with her mother and brother. He has been snuggling with her on the couch and asking if she is okay with each position that he moves into with her.
He buys her expensive gifts. He calls her throughout each day on an iphone he bought her and tells her he misses her.
I confronted her mother, but she refused to listen. I don't want to send her back to her mom's house. What can I do?

Asked on 12/07/12, 11:39 am

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You can't just unilaterally withhold visitation/custodial time. You need to take this into court on a motion or OSC to change custody.

Answered on 12/07/12, 11:51 am

Arlene Kock Law Offices of Arlene D. Kock APLC

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You should meet with an experienced family law attorney to discuss if you should seek emergency protective stay away orders in your motion.

Answered on 12/07/12, 4:49 pm

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