What can I do if my ex-girlfriend has full custody of my daughter and she’s keeping her away from me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my ex-girlfriend has full custody of my daughter and she’s keeping her away from me?
She has had 3 children removed from her – 2 by her babies’ fathers and 1 by CPS. Yet, some how CPS has given her full custody of my daughter. I have gone to family court and they only allowed me to see her for 2 hours once a month. I have a 15 year old son who I raised on my own but still they have a given my ex full on custody.
Asked on July 3, 2015 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Frankly, I don't know why a woman with this history was given full custody either, unless there is something in your background such that the court does not want you to have it. You really need to directly contact an attorney who specializes in custody cases.
As a general matter of information, a denial of visitation rights by the custodial parent to a non-custodial parent is illegal. This is true if the custody arrangement was court ordered or even if the parents have a greed to a schedule outside of court. This is because visitation rights are taken seriously by the courts. It is generally believed that visitation is in the "best interest of the child" to spend time with both parents. Consequently, child visitation rights can rarely, if ever, be legally denied by the custodial parent. Additionally, nonpayment of child support does not give a custodial parent a legitimate reason for denying the non-custodial parent their visitation.
When a non-custodial parent is repeatedly denied visits with their child, it is important that the parent document each denial. A good way to document a denial of visitation rights is to file a police report. A custodial parent who denies the noncustodial parent visitation rights may be held in contempt of court, and be fined and/or jailed. If the custodial parent has been found to be in contempt, the court may give the non-custodial parent more visitation or give them full custody.
Note: If the custodial parent suspects that the non-custodial parent is abusing the child or putting the child in danger, then the custodial parent should report this immediately to get the current visitation rights changed. In emergency situations (e.g. the non-custodial parent is under the influence of alcohol or drugs), the custodial parent should call the police.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.