CALIFORNIA - Can my ex-husband prevent me from allowing HIS mother to visit with our children when they are in my custody?

Asked almost 2 years ago - Vacaville, CA

My ex-husband and I share 50-50 joint physical custody of our daughters. He got a domestic violence TRO in Sep against his mother based on false info. At the hearing, It was denied but he was given a trial (He told judge he needed more time to prepare). The RO was denied at the trial this week. He texted to tell me that he is taking me to court because I supported his mother. Since he's been trying to keep her away from our children, I believe he will try to change our custody agreement somehow to keep her away from our girls even when they are with me. Is this possible? Mom has no criminal, drug, or traffic offenses. She did attempt to take her life in Aug after the ongoing fighting with him. (She has maintained a close relationship with me since he left me. It greatly angers him.)

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  1. Cathleen Elisabeth Norton

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    Answered . Denial of a domestic violence restraining order is not the same analysis a court will make in determining what is in the children's best interest. If she is suicidal, then the court may question your parental judgment in allowing her to be around the children. However, if you do not think she is a danger to them, then you must be prepared to explain why. It may be best to not leave her alone with the children while in your custody to assure the judge that you are making good choices with regard to the health, safety, and welfare of the children. Good luck.

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  2. Margaret Davalene Wilson

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    Answered . It is unlikely that the court will order Grandma to stay away on your custodial time unless they feel that it is not in the children's best interest.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more

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