Asked in Divorce and Family Law for California

Q: My estranged husband is saying that he can file for visits for my children that are not biologically his. Is this true?

We separated four weeks ago and he has threatened to kill himself. I called the cops to do a wellness check on him and the police stated that I shouldn't allow my children to go over there anymore and that if they get called out again that CPS could possibly get involved. I have severed all contact. I changed my number twice which he hacked into my at&t account to gain my new number from. I text him last Thursday to stop contacting me and it is now Tuesday and he has text me 70+ times since then. I am considering filing a restraining order to prevent him from texting or calling me, for my own peace of mind. I am worried that he will be able to obtain visitation with my children. He is currently not in the right state of mind and was using the contact that I had with him to see the kids to mentally abuse me.

Related Topics:
2 Lawyer Answers
Mike Darlington
Mike Darlington
Answered
  • Shingletown, CA
  • Licensed in California

A: People can file for anything they want, that does not mean he will be successful, and it is highly unlikely in this case.

You have a perfect right to withhold your kids from him and judging from the context of your question it appears to be in the best interest of the children that you are doing so.

You should immediately apply for a restraining order to keep him from contacting or coming around you and the kids.

1 user found this answer helpful

Rossana Pilar Mitchell
Rossana Pilar Mitchell
Answered
  • Chino Hills, CA
  • Licensed in California

A: IF HE IS THE FATHER HE IS ENTITLED TO VISITATION.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.