Legal Question in Family Law in Georgia
How can my Husband arrange for visitation with his 3 kids in CA when the mother of the kids has a restraining order against him? We are planning to fly to CA in 3 weeks.
My Husband has not seen his 3 children in 3 years. He has been paying child support as he should, but the mother refuses to allow him visitations.
We reside in Georgia, but they are in California. She allowed them to visit 4 years ago for 2 weeks when we were dating.
Visitations were not a problem until she found out we were planning our wedding an wanted to have the children attend July 2009. A few months prior, she agreed to allow the kids to visit for the summer, but news of the wedding canceled the trip.
She refused to even allow him to speak to the kids over the phone. After over a week of trying to communicate with his kids, receiving no reply, he called the police to have them check to make sure they were ok. She decided at that point to take out an restraining order in CA even though he live in GA an has been around her in over 2 years.
There hasn't been a custody hearing yet to set up anything yet. He will file while we are there. But, how can he see them while we are there without breaking the law?
1 Answer from Attorneys
I would assume he has a lawyer in California (if not he needs one). Bear in mind that if he violates the restraining order he can land in jail. So he should not do anything that his California lawyer doesn't advise, and he should retain that lawyer now, not when he gets there.
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