Legal Question in Family Law in California
I have an eight year old daughter who I share joint custody with her mother. Her mother and I were never married. My daughter lives about 75% of the time with her mother and the mother�s husband. They have lived at the husband�s parents� house for about a year now in an effort to save money. The husband�s father is a registered sex offender who was convicted by a California court. He was convicted of molesting a girl under age 16. The husband�s father swears that he has never touched my daughter, and he voluntarily agreed to take a lie detector test regarding any molestation of my daughter. Unfortunately, the test results were �inconclusive.� My daughter�s mother and I have a verbal agreement that her father in law is not to be in a room alone with my daughter ever. I don�t trust the man and I don�t believe that he will be able to control himself.
Needless to say, I�m very worried about this situation. Can I pursue a restraining order against the father in law to prevent him from being in a room alone with my daughter? If so, what type of restraining order do I file? Do I need an attorney to help me with this? Will the judge grant the request for restraining order if there is no definitive evidence that the man has molested my daughter?
Thank you for the advice.
1 Answer from Attorneys
You are unlikely to get a restraining order against a man in his own home with no evidence. You don't mention whether or not you have a custody and support order in place. If not you should file for one and make a condition of the mother's custody that SHE see to it that the daughter and grandfather are never alone. If she then allows it she is in contempt of court. If you already have one, you can request a modification.
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