Carlsbad, CA asked in Divorce and Child Custody for California

Q: Can an ex leave your child with a new girlfriend even though we aren't divorced yet.

We are just starting the divorce process, I was served yesterday. My ex already has a gf, and tomorrow he plans on leaving out son with her. My son doesn't feel comfortable with her and I don't feel comfortable that he is with a stranger that I don't know. I told him I was able to watch him and to drop him off but he is refusing. Can he do that? We aren't divorced yet. Can I pick up my child if he calls me crying? Also my son informed me that his father said he was only able to call me in the morning and at night and not mid day if he wanted to talk to me. Can he do that?

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1 Lawyer Answer
Andy Chen
Andy Chen
  • Modesto, CA
  • Licensed in California

A: Without court orders, anything theoretically is possible. I think your best bet is to seek court orders stating something like "If dad is unable to take care of the child, mom (i.e. you) will take the child." That way, you have a definite entitlement/right you can enforce and it's not just up to what dad says, mom says, etc. This will probably require you to respond to the divorce case also.

Whether or not your son is crying when he is with the gf or whether the gf is a danger to your child is something that the judge will consider. Those facts can be more complicated than can be handled on an internet forum like this.

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