Legal Question in Family Law in California

Currently visitation is set (California) at every other weekend and (1) overnight visit a week for the father of our 10 year old daughter. However, on a recent weekend that was his weekend, he was arrested and charged with (Felony) PC207 Kidnapping of his wife and (Misdemeanor) PC243 (E)(1) Battery on spouse, cohabitant, or Former Spouse. Case is pending and I've witheld my daughter from visitation on my own for 30 days. If I go to court, would I stand a chance of the judge not allowing overnight visits due to him being back with her (living) together while the case is still pending


Asked on 12/26/12, 10:11 am

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

If the judge feels that allowing the children to stay overnight with father would be unsafe, then the court could restrict that visitation.

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Answered on 12/27/12, 7:08 am


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