How likely is for the father with a restraining order, who is allowed supervised visitations only, to get physical custody?

Asked almost 2 years ago - Tarzana, CA

I have sole legal and physical custody of a 9 year old. We live in California, father lives in Nevada. As of today, it's been 1 year since he didn't see the child. In 2007 he disappeared from the child's life for a year, which resulted in court issuing monitored visitation order in 2008. Father was unable to modify child support and is angry. He is trying to present me as a bad parent,so he could get physical custody. He accused me for using corporal punishment with child, for no relationship with our child. His declaration is full of lies. He said I was "in contempt" because "I stopped bringing the child to Las Vegas for visitations", which was never ordered nor it happened. There is 5 year restraining order issued against him. He owes 71,000 in child support. How to fight against lies?

Attorney answers (2)

  1. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . It is often difficult to untangle a web of lies, but it is far from impossible. The best advice one can offer is for you to retain an experienced family law attorney to assist you in presenting your case in the most favorable light possible. Your response should be calm and well-reasoned, and should address each and every allegation which is untrue.

    The problem these days is that LA County Superior Court judges are so overworked with their respective case loads that they often do not have enough time to do a comprehensive review of the file. And if you have not been in court for awhile, then the judge may have changed, or may not remember the facts of your case which led to the domestic violence restraining order and supervised visitations in the first place.

    Given that the public policy of the state of California is to ensure "frequent and continuing contact" you need to have compelling reasons as to why dad should not eventually step-up his visitation. The fact that he has waited so long to assert his custodial rights definitely weighs in your favor. The fact that he has not seen the child in so long is also a good fact for you. But, that will not carry the day; thus, it is best to hire an experienced family law attorney familiar to assist you if you can afford it. I am including links below which will help you become educated about the types of things you need to address in your Responsive Declaration. You should also open a case with CSSD to enforce the child support arrears. Good luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the... more
  2. Rhonda Diane Ellifritz

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . You need an attorney to assist you. Your story sounds believable if you have a restraining order. A court is not likely to order you to take the child to Nevada, especially if the case is in California. For further information, visit http://www.ellifritzlaw.com.

    Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,130 answers this week

3,160 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,130 answers this week

3,160 attorneys answering