Legal Question in Family Law in California

I'm the mother of a 1year old and 3 year old. Their father is illegal in this country from Honduras and 3 months ago was charged with a misdeamenor for Domestic Violence. He has a one year restraining order by the court and can not get near me or have no contact with me. This happened 3 months ago and since then he has not helped me in anything regarding paying food or diapers for the babies. I have tried to make it work for him to see his kids during the week and on Sundays through other people. However he brings them to my pick up location very late at night or shows up super late to pick them up. He doesn't communicate with me and when he does he is very hostile and argumentative. He doesn't have a stable job, I don't know where he lives, etc. Can I apply for full custody and how? Will I be granted. I just want the court to set him rules on the time and dates. He thinks he's above the law and I'm scared he might take my kids one day to Honduras through Mexico and never see them again.Thank you.

Asked on 7/19/16, 1:06 pm

1 Answer from Attorneys

John Molina Jr. Law Offices of John Molina

Assuming you and the father are not married with one another, and there is no pending court matter with regard to the minor children, you may be able to file a case in court to establish your custody and visitation rights over the children. Once you file a case with the court, you may request that the court make orders for full custody of the minor children based on the circumstances you described. From the description of your facts regarding the father, you may want to do this sooner rather than later.

If you are interested in speaking with an experienced, professional attorney in the area of family law, feel free to contact our office for a no-obligation consultation at (888) 790-5053 and/or visit our website at

Read more
Answered on 7/20/16, 10:32 am

Related Questions & Answers

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