Legal Question in Family Law in California
My son's father, whom I never married, abused me while I was with him, and while I was pregnant. I have a restraining order against him now, and after 4 years of him not being around, he is threatening to take me to court to get custody of my son. He also has a daughter with his soon-to-be-ex-wife, and has been accused of sexually abusing the little girl. I don't want him to have any influence on my son, is there any way I can stop this?
1 Answer from Attorneys
All you can do is fight it. Domestic violence within the preceeding five years raises a presumtion of unfitness for child custody. That's your best argument. Hire an attorney if you can. Consult the Family Law Facilitator's Office if you cannot hire an attorney. They can't give you legal advice, but they can make sure you understand the process, what you have to do to respond, and what the proceedures are.
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