Q: Is it legal for my ex-husband to refuse and deny me to see my kids because he doesn't like where I live.
My kids are 13 and 10 there's no custody arrangement him and I are still legally married and I also have a protective order on him and he's pretty much telling me that I can't be a part of my kids life unless I move where he wants me to move or move in with him I have a protective order on him for domestic violence
A: In the absence of any court orders, you and the other parent can pretty much do whatever you want and live wherever you want. If you want to get control over the situation you will need to file for divorce and concurrently file a request for order to get interim custody and support orders in place.
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A:
Under California law, both parents generally have equal rights to see their children unless a court order says otherwise. Since you're still legally married and there's no custody arrangement, neither you nor your ex-husband has the legal right to deny the other parent access to the children based solely on personal preferences or living arrangements.
The fact that you have a protective order against him due to domestic violence is a significant issue. This order may impact his custodial rights, especially if it includes provisions regarding the children. It's important to review the terms of the protective order to understand how it affects custody and visitation.
Given the complexity of your situation, it's advisable to seek legal assistance. A lawyer can help you understand your rights and options, and if necessary, assist in seeking a formal custody arrangement through the courts. This process will take into account the best interests of the children, your safety, and other relevant factors.
Remember, your safety and the well-being of your children are paramount. Legal guidance can provide clarity and a path forward in this challenging situation.
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