Legal Question in Family Law in California

Visitation Rights

I just left my husband. We have 3 1/2 month year old daughter. I feel he is extremely emotionally unstable and don't want to allow him to see our daughter until we settle custody in court. I have yet to file for divorce yet, but i will be very soon. Do i have the right as her mother to not allow the father to see his child??


Asked on 7/28/06, 1:50 pm

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Visitation Rights

You have a duty to protect your child. However, you should immediately file a petition to dissolve the marriage, and an OSC requesting no visitation pending a court order. To be successful in such a motion would require setting forth in detail the reasons on why he should not be allowed to have contact with child. This will of course be very upsetting to him, and may result in some hostility on his part. You should retain an attorney to represent you in this matter.

Read more
Answered on 7/29/06, 2:01 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Visitation Rights

If you are in Southern California you may call me for a free consultation. My website is www.divorce-legal.net

You need to get into Court right away!

Read more
Answered on 7/31/06, 11:10 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Visitation Rights

Without a court order his rights are just as great as yours. In California there are no Mother's rights and Father's rights, there are only parents rights. You should immediately get a court order or he can claim that you are interfering with his rights and you could lose custody for that very fact. Your opinion that he is unstable needs to be verified. Good Luck, Pat McCrary

Read more
Answered on 7/29/06, 9:34 am


Related Questions & Answers

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