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.

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2 Lawyer Answers
Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Redding, 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.

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