Legal Question in Family Law in California

I just separated about 5 months ago. Since then I have had a very difficult time with my kids mother and she wont let me see them. We could not reach an agreement financially and she said she would just rather go through child support. I was waitng for her to start the process so i can see my kids but she just didnt do a thing. I thoght i'd beat her to it, since i care about my children and last week i filed for visitation rights and served her the paper work...... I dont know what happens next, will she be able to just ignore it and whta if she does?, what do i wait for or what can i do. She wont even let me talk to them on the phone, can i visit them and take them even if she doesnt let me? what can i do?


Asked on 8/05/10, 8:43 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You need to obtain an attorney immediately. She will destroy your relationship with your kids. I have seen it happen too many times. There is nothing to beat her to. Filing was a good start, but you need to get the ball rolling and get a visitation order to get your children's daddy back to them. You have already let this go on too long and need to at this point retain an attorney and do an ex parte for a visitation order. This will get you into court immediately and back with your kids. Too many parents get bitter after the breakup and try to obliterate the other parent out of their lives, not even thinking how the children might feel. You need to have the court set this straight and put an end to the games now.

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Answered on 8/10/10, 10:08 pm

Did you file the papers? Did you get a hearing date? Have you scheduled mediation with Family Court Services? Ms. Beers is right that you need help with this, because you clearly are not clear on what you need to do or how to do it.

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Answered on 8/11/10, 3:12 pm


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