Legal Question in Family Law in California

Visitation question

My children, ages 9 & 12, have visitation with their father on the first & third weekends of the month. Instead of spanking them he has them stand in the corner as punishment. Recently he has started pushing them into the corner and they are getting hurt but there are no bruises. I am concerned that this situation could escalate. Is there any way I can stop the visitations until this is resolved? My daughter has been in counseling for over two years because of the way he has treated her in the past, verbal not physical abuse. I am not even quite sure what to do to resolve this matter. Any help is greatly appreciated.


Asked on 1/04/08, 1:11 am

3 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Visitation question

You could file an ex parte for a restraining order and ask for a 730 evaluation. You could ask that he be ordered into anger management classes and parenting classes. The bottom line is that the kids shouldn't be treated like that. And if you don't protect them and it gets worse, social services could get involved and your children could be taken away from both of you. From him for the abuse, and from you for failure to protect. Something I have had clients do in the past is to take the children either to a doctor or a counselor. If the children tell what their dad is doing, they have a duty to report it to social services. You should consult with an attorney. This is a tricky situation.

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Answered on 1/04/08, 2:24 am
John Steele Steele Law Firm

Re: Visitation question

Clearly you need to go before a judge and get a TRO to stop this. If you can document or prove what you claim, you can also petition the court for supervised visitation.

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Answered on 1/04/08, 1:18 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Visitation question

You really should consult a family law attorney. This type of behavior needs to be addressed ASAP.

Feel Free to contact me if you would like to pursue this matter.

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 1/04/08, 1:44 pm


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