[California] Have not gone to court and mother is keeping son away from me for periods of 2 months. Is this legal? And can this affect me or her in any way when seeing a judge?

AirSailer · 2022-01-29T00:19:14+00:00

File a temporary custody order Monday. You don't need a lawyer to do this. Be proactive and fight for your kid, don't let her dictate where and when you get to see your child.

https://www.courts.ca.gov/1185.htm?rdeLocaleAttr=en

Get a lawyer.

SanMiguelDayAllende · 2022-01-29T04:57:03+00:00

I'm in your State and my ex was doing the same bullshit. Before you even start your divorce you can go to court to get a custody hearing. I went from seeing my daughter a few hours every other week to twice a week.

Also, unless her behavior is egregious, the court probably won't care. You'll get that feeling a lot as you go through the divorce process. Get used to it. Pick your battles and let everything else go. Nobody wins.

dranic · 2022-01-29T02:25:29+00:00

Can't tell you how it will affect custody decisions, but it's certainly a bad look for her, and should be considered by a reasonable judge (ie if she's withholding now, awarding more than he/she would to guarantee you the time). At a certain point you'll want to just roll the dice with your attorney. Sounds like any temporary order is going ro be better than your current situation anyways. Again, not a lawyer.. but if I hadn't seen my child for 2 months I damn sure wouldn't be polite about it. Change the dynamic. Nothing stopping you right now from showing up and demanding to see the child. You have agency in your life until some authority says otherwise

AlexFromOgish · 2022-01-29T01:38:42+00:00

You can ask questions to help you think but this is a terrible place to ask if something is legal. That’s what lawyers are for

cschoonmaker · 2022-01-29T04:58:57+00:00

Unless you have an existing custody order then yes it’s legal. Will it affect things when you go to court? Probably but not guaranteed. It’s called parental alienation and it is very frowned up unless the parent can provide adequate justification for doing so (I.e. physical/sexual/emotional abuse claims). If you’ve been separated over a year and have no plans to reconcile, you need to get with a lawyer, file for divorce and seek a child custody order ASAP.

NotUsedUsernameYet · 2022-01-29T08:16:42+00:00

Why do you leave separately from your wife and child? Did you voluntarily move out?

geraltofoblivia · 2022-01-29T20:45:27+00:00

If you haven't already get a lawyer and file for emergency parental custody. If you're a good dad and she doesn't have anything she can show that makes you look like a drug addict or worse, you can expect with the very least to get every other weekend and in your case, probably 50/50. I heard California is good at that.

fabulous38 · 2022-01-29T22:12:00+00:00

Custody order. Asap. So any time that you have not been able to see your child is fought back. Best of luck 🙏

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