Simi Valley, CA asked in Child Custody, Child Support and Family Law for California

Q: Is the mother of my child allowed to keep her away from me because she “needs time to heal”?

I haven’t seen my daughter in almost two months. The mother came to my house when my current girlfriend was present and caused a scene being violent and disturbing the peace. She hasn’t let me see my daughter since and refuses to work out a plan of visitation because she doesn’t want my daughter around my current girlfriend. What plan of action can I take? I have audio of the mother being violent that night and can get testimonies from my girlfriend and others at my home.

1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Not much you can do without court orders. I'm assuming you have not filed a petition to establish the parental relationship (aka paternity), or a petition for custody orders? If you want something you can enforce, i.e. custody and visitation orders, you have to ask for them. You have to open a case and then file a motion (aka Request for Order). The audio recordings, unless made with her permission, are not admissible as evidence. Your own written declaration however, is. Keep track of your efforts to see the children and how their mother responds. This information can then be recounted in a declaration you file with the court in support of your motion/request for custody orders and visitation.

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