Legal Question in Family Law in California

My wife and I split apart over a year ago. In this time we had our first son, he is now 9 mo old. She has since filed for divorce and her attorney is advising her to not let me see him anymore. They are trying to accuse me of having an "anger" problem and that I will hurt my son. There is no police report for anything, restraining order, history of abuse to my son from me, history of abuse to her, nothing, itís all fabricated lies! I did nothing. I would never hurt my son!!! My question is can her and her attorney legally dictate when, where, how and how long I see my son, or if I get to see my son? There are no court orders at all.

Asked on 5/20/13, 10:42 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Until there are court orders there are no rules. If they are not letting you see your son, you need to go to court for emergency temporary orders. If you are doing this without an attorney and she has an attorney, though, you are basically guaranteed to get stomped on. Self represented parties never get a fair shake against an attorney.

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Answered on 5/20/13, 11:54 pm

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