Richmond, CA asked in Family Law and Child Custody for California

Q: My ex and I have an informal custody plan. I’d like to have a legal one as he often does not honor it. What is step 1?

We have never been married and we live in separate homes. He insists on his time with our son being spent in my home. I would like a formal agreement and for his time with our son to be spent at his home.

I also would like to prevent him from entering my home when he pleases. He has items in my garage so I gave him a garage door opener but locked the access to the house. I came home to find he’d used a drill to enter from the garage and remove the deadbolt.

What is step 1 towards keeping him out of my home unless by invitation and what is first step towards a custody agreement? Must I get an attorney?

Thank you!

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2 Lawyer Answers
Nareshwar Singh Virdi
Nareshwar Singh Virdi
PREMIUM
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: There are multiple remedies that u may seek regarding this situation. I would suggest that you hire an attorney to obtain the requisite orders.

Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: It's always recommended that you retain counsel when trying to get enforceable court orders. Check the CA Superior Court website and their "Self Help" link where you will find the steps for getting an enforceable court order for custody and child support. With respect to his access to your home, the act of using a drill to gain access to enter your home is a criminal matter. It's called breaking and entering. You don't need a formal court order to prevent someone who does not live with you from gaining access to your home without your consent. I would also change the garage opener so he can no longer open it on his own. That being said, when filing yoru petition for custody, you could include a request for a stay-away order or residential exclusion order.

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