Legal Question in Family Law in California
I am an unwed single mother who is currently looking to take my daughters father to court for custody. he is little to no help and spend no time with our daughter. He has already lost custody two children and have qu restraining orders against him from me and one of his other kids mothers. Due to his previous child custody losses and restraining orders does this give me a better chance for winning my case.
2 Answers from Attorneys
Depends. There is a presumption that goes with restraining orders regarding custody that he can not have more then supervised visitation with the child. This is of course rebuttable. If there has been a order after the last restraining order granting him unsupervised time then it has been rebutted.
Courts, as well as mediators, tend to look at the current situation not necessarily the past. That being said more facts would need to be had to see what that situation is.
Yes. It gives you a better chance. No guarantees, but a better shot.