Legal Question in Family Law in California

My wife and I split up over a year ago. In this time we had our first son Caleb. She did not let me be apart of anything including his birth. There are no court papers, restraining orders nothing giving her custody of him. She has now filed for divorce and tells me when and where and for how long I can see my son.I understand that he is only 9mo old and needs mom but now she is telling me her attorney (her uncle) is telling her not to let me see him until the court has a say. Can she do this? Can her attorney do this? I have no past of anger or hurting him in anyway at all.

Asked on 5/16/13, 5:29 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

She can as long as you let her. One of the factors in a child custody award is what the child has gotten used to. They are trying to set you up to going to court and argue that you have not been around much and that should not change much. You need to file immediately for an ex parte emergency temporary custody order that gives you custodial visitation time. Include any proof you have of her trying to keep you from seeing your child. That will cut against her against her.

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Answered on 5/16/13, 6:03 pm

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