Will Courts Grant Protection Against Someone Under Pending Investigation by CPS?

Asked over 1 year ago - Orange, CA

My Husband (divorce pending) lives with a woman under investigation by CPS. She has a pending dependency case that has been going on almost two years wherein the court has already found cause to grant sole custody of her youngest child to the father and only allow her extremely limited "supervised" visitation. Are these facts and preliminary findings by a dependency court enough for me to obtain an order restraining this woman from my children? My husband lives with this woman, and I am not trying to remove all visitation from him or 'force' him to leave her. I simply do not want her ever alone with my children, and even letting them stay overnight at her place frightens me.

Attorney answers (1)

  1. Ross Carlton Meltzer

    Pro

    Contributor Level 14

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    Lawyers agree

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    Answered . The court does not have jurisdiction over this girlfriend but they do have jurisdiction to make custody decisions about your children. You should discuss this with your attorney. They should be able to implement some kind of order which gives your husband visitation with the children and for him not to leave your children alone with her, etc.

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