My question involves a child custody case from the State of: California
Hello
I have a 2.5 year old boy whose father hasnt seen since he was 7 months old. I live in Los Angeles and he Lives in San Francisco. I have tried everything I could for him to see our son but he refuses. Ive called, texted and even driven our kid to San Francisco but he refuses to even answer his phone. There has been no calls or texts on birthdays or Christmas. Absolutely no contact whatsoever. I want to file for sole custody but I am a bit concern because of the following issues:
There is currently an active civil restraining order against ME that will expire in 9 months. This was for a incident that happened 3 years before my child was even born. I was young and stupid and kicked him in the groin when I saw him with another woman.
My child was born in Brazil and the father is NOT on the birth certificate, however I did file for child support more than two years ago and he didnt contest paternity. He was ordered to pay $600/month but its never consistent and the balance just keeps growing. I am pretty much supporting our kid on my own (childcare, insurance, etc)
Our son was conceived while the restraining order was still in place (we got back together but never got around to removing it) and I have contacted him since our separation but mostly about our son.
Whenever he is drinking or angry he will tell friends in common that he is filling for custody, even though he never did and hasnt made any contact in two years. When I heard this I decided its best to file myself however I have heard from a friend lawyer that that judges do not give custody of children to the parent that has a restraining order against them. Is this true? Is it best to wait until the restraining order expires next January for me to file for sole custody? Or does the fact the restraining order was issued years before my child was born and the fact that the fact hasnt made any contact in two years more important? Can I get arrested for contacting him and getting pregnant while there was a restraining order or too much time has passed? I can not lose my kid but at the same time I need custody as soon as possible so I dont have to worry about traveling out of the country, making decisions about schools and education etc.
Any advise is appreciated!
Hello
I have a 2.5 year old boy whose father hasnt seen since he was 7 months old. I live in Los Angeles and he Lives in San Francisco. I have tried everything I could for him to see our son but he refuses. Ive called, texted and even driven our kid to San Francisco but he refuses to even answer his phone. There has been no calls or texts on birthdays or Christmas. Absolutely no contact whatsoever. I want to file for sole custody but I am a bit concern because of the following issues:
There is currently an active civil restraining order against ME that will expire in 9 months. This was for a incident that happened 3 years before my child was even born. I was young and stupid and kicked him in the groin when I saw him with another woman.
My child was born in Brazil and the father is NOT on the birth certificate, however I did file for child support more than two years ago and he didnt contest paternity. He was ordered to pay $600/month but its never consistent and the balance just keeps growing. I am pretty much supporting our kid on my own (childcare, insurance, etc)
Our son was conceived while the restraining order was still in place (we got back together but never got around to removing it) and I have contacted him since our separation but mostly about our son.
Whenever he is drinking or angry he will tell friends in common that he is filling for custody, even though he never did and hasnt made any contact in two years. When I heard this I decided its best to file myself however I have heard from a friend lawyer that that judges do not give custody of children to the parent that has a restraining order against them. Is this true? Is it best to wait until the restraining order expires next January for me to file for sole custody? Or does the fact the restraining order was issued years before my child was born and the fact that the fact hasnt made any contact in two years more important? Can I get arrested for contacting him and getting pregnant while there was a restraining order or too much time has passed? I can not lose my kid but at the same time I need custody as soon as possible so I dont have to worry about traveling out of the country, making decisions about schools and education etc.
Any advise is appreciated!
Custody and Visitation Issues: Filing for Sole Custody with Active Restraining Order and Abandonment
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