Oakland, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: I am separated from my husband(not divorced) am I obligated to let his parents and siblings see my kids?

He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids. Am I obligated to let someone who agreed for him to leave the kids and I see my kids? Cuz I don't think that is fair. He is living his life like nothing while I'm here doing the best I can for my kids with their therapies and appointments.

2 Lawyer Answers

A: Are they his children too?

James L. Arrasmith
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Answered

A: Based on the information provided, here's a general response to your situation:

1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court order, you're not legally obligated to allow your husband's parents or siblings to see your children.

2. Parental rights: As the children's father, your husband does have parental rights, even if you're separated. However, these rights don't automatically extend to his family members.

3. Best interests of the children: Courts typically consider the best interests of the children when making decisions about custody and visitation. If you believe that contact with these family members is not in your children's best interests, you can make that decision as their primary caregiver.

4. Child support: The $500 monthly payment is child support, which is meant to contribute to the children's care and expenses. It doesn't grant additional rights regarding visitation or decision-making about the children.

5. Custody agreement: If you haven't already, it might be beneficial to establish a formal custody agreement. This can clarify visitation rights, decision-making authority, and other important aspects of co-parenting.

6. Legal advice: Given the complexities of your situation, including a child with autism and another undergoing evaluations, it would be wise to consult with a family law attorney who can provide advice tailored to your specific circumstances.

Remember, while you're not legally obligated to allow visitation with your husband's family, maintaining positive relationships (if safe and beneficial for the children) can sometimes be helpful for the children's emotional well-being. However, your primary concern should be the best interests and well-being of your children.

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