Legal Question in Family Law in California
restricting visitations
my ex wife's boyfriend has a history of violence. my children have every other weekend visitation with her. I am trying to keep him away from them. i have the codes i need for protective orders, etc.
I need case histories of similar situations. i want to show precedents to judge at osc hearings. i am appearing pro per at this round.
where can I go to research similar cases and their findings?
2 Answers from Attorneys
Re: restricting visitations
Try Family Code sections 3020 & 3011. Both of these sections require the court to consider any history of abuse against the child, or parent of the child. Although these codes were designed to restrict visitation by an abusive parent they could apply in your case if there is any violence between the ex and her boyfriend.
Check those family code sections which refer to the best interests of the child. They include references to the safety of the child.
You need detailed reports of the the violent conduct of the boyfriend.
Re: restricting visitations
Go to a law library and ask to see any family law practice guides they might have. that is a good place to start.