Legal Question in Family Law in California
Stopping visiting of father
If there is not court order for custody and the father is not on the birth certificate is it okay for me to stop visitations. There has been harassment and threats on my life as well as that of my child. These threats were made by his live-in girlfriend (these occured even in my pregnancy). There was also comments made that the father performs oral sex on his girlfriend and licks her butt and kisses on my son. These comments were made by his girlfriend in front of the father. I fear for the safety and well being of my 8 month old son. The father and his girlfriend are violent towards one another as well as she has threaten to go to my son's daycare (he gave her all my information were I work, live and were my son attends school) and blow my head off. Because of this drama I have over 15 police reports in which the police social work informed me in the best interest of the child I need to remove myself and my child from this situation or CPS will deem the environment unstable and take my son. Now the father is e-mailing me in regards to seeing my son. He informed me if I don't let him see him he will take me to court. I don't want the judge to think I'm being unfair but I do fear, it is a valid fear, for the safety of my family.
1 Answer from Attorneys
Re: Stopping visiting of father
You need to obtain a domestic violence restraining order against her and the father of your child. You need to be proactive in this case. Just stopping visitation will place you at a disadvantage. If you cannot retain an attorney you should contact the police and get the name of a domestic violence shelter or help center.