Legal Question in Family Law in California

My daughter and her boyfriend of 6 years just separated. They have a 4 year old daughter. My daughter has moved in with me. The father of the child has legal custody, due to some issues with my daughter's sobriety (agreed upon by both of them) years ago. She is also bi-polar and has some issues dealing with this. Right before the breakup she entered a psych facility for a few days due to drinking (she had quit altogether for acouple of years, but had some relapses recently)and was taking Ambien - together these made her feel suicidal so she went for treatment. Since that time, the father of the child is completely controlling the visitations with his daughter. We have nothing in writing that I am aware of that talks about visitation. My daughter has had these sorts of problems ever since her daughter was born, so this is nothing new, and she was doing 90% of the caretaking. He wasn't withholding her from being with his daughter then (when things were much worse), but now that she has left him he is angry (not to mention he now knows she is seeing another guy, which gives him another reason not to allow her to visit). We had talked about my daughter having supervised visits at my house and that seemed ok with him until he found out about the new guy, so all bets are off he says. Can he legally do this? She is not an incompetent mother. Not drinking, not on drugs. I dont' see a problem with supervised visits while she is currently getting treatment. But it is devastating to her daughter to not have a fulltime mom anymore. What do we do?

Asked on 5/01/12, 12:25 pm

3 Answers from Attorneys

Gary R. White Burton & White
0 users found helpful
0 attorneys agreed

Hire an attorney to review the facts and give your daughter specific legal advice.

Read more
5/01/12, 4:02 pm
Arlene Kock Law Offices of Arlene D .Kock APLC
0 users found helpful
0 attorneys agreed

Your daughter needs court orders defining custody and visitation. If this is a non marital situation,she should file a paternity petition with a motion to establish custody, visitation, and if appropriate, child support.

Read more
5/01/12, 6:41 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

88263 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now