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If i have a restraining order againts my unborn babys dad for domestic violence what are his rights to our baby when his born ?

West Covina, CA |

i wanna know if even with a restraining order againts him he still has rights to my child for being the dad or if my restraining order protects my baby too ,

Attorney Answers 2


  1. If your baby’s father has an interest in custody and visitation, he can petition the court for an order determining who has custody and what his visitation rights will be. The law says that judges must give custody according to what is in the best interest of the child. Judges look at the children’s health, safety and well being to decide whether to give custody to one or both parents. Courts also consider any history of abuse by one or both of the parents. That is very relevant for you.

    Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny a parent’s right to custody or visitation just because they were never married to the other parent, or because they or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation.

    The public policy of the State of California is to protect the best interests of children whose parents have a custody or visitation matter within the family courts. Sometimes, based on issues of protection and safety, a judge will decide that in order for a child to have contact with a parent, a neutral third person must be present during any visitation. This type of third-person visitation arrangement is often called “supervised visitation”.
    A judge may order supervised visitation for many reasons, like:

    to give the visiting parent a chance to address specific issues,
    to help reintroduce a parent and after a long absence,
    to help introduce a parent and a child when there has been no existing relationship between the parent and the child,
    when there is a history or allegations of domestic violence, child abuse and neglect, or substance abuse;
    when there are parenting concerns or mental illness; or
    when there is a parental threat of abduction.

    The court order will specify the time and duration of the visits. Sometimes, the court order will also specify who the provider is to be and where the visits are to take place.

    Your restraining order does not prevent dad from trying to have contact with the baby. Specifically through a petition to the court. However, if some fact or circumstance arises to support a restraining order in favor of the baby (for the baby’s protection) you can ask for another order at that time. As for now, wait to see if dad goes to court. If he does, you can argue for no visitation. As discussed above, supervised visitation may be your best option.

    Best of luck to you.

    If you found this answer helpful, let me know by clicking the "thumbs-up" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.


  2. As an aside, if you want to, you can go to court to establish custody and visitation yourself. You can also address child support issues at that time. A lawyer can help you with this.

    Best of luck to you.

    If you found this answer helpful, let me know by clicking the "thumbs-up" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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