How do I protect my son from his mothers boyfriend? 5 Answers as of December 26, 2012

Iwant to get a restraining order for my baby son against his mothers boyfriend. Hes an active gang memeber and my son is in danger

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The Legal Center | Richard Manwaring
The proper method of protecting your son is through the family court. If there are custody and visitation orders from a court, go to that court and file an ex parte request for emergency orders siting the immediate danger to your son. You will have to follow this up by filing a Request for Order to modify the current orders requesting a no contact order for the mother's boyfriend. If no custody orders have been done, you will have to file for either paternity, if you were not married to the mother, or divorce when you file the ex parte. You would be well advised to speak to a family law attorney in your area as this is a rather complicated method and needs to be done properly.
Answer Applies to: California
Replied: 12/26/2012
Steven Alpers | Steven Alpers
You need to ask for custody and limit her visitation so none of her gang friends can be with her during visitation. You will need specific information about the friends being in gangs.
Answer Applies to: California
Replied: 12/24/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Absent proof of immediate harm, this is more likely an issue for the family court. I have had cases where Mom has lost significant custodial time because she chose to bring people that had violent criminal records into the children's home. Get into family court and explain the circumstances.
Answer Applies to: California
Replied: 12/24/2012
Law Offices of Laurie Peters
Law Offices of Laurie Peters | Laurie Peters
You may need to seek a restraining order, and also likely seek custody. If the mother is making bad decisions (i.e. dating a gang member and allowing him around the baby) it may demonstrate that she is willing to place the baby in danger. Without more facts, I cannot advice you. The mere fact that someone is associated with a gang does not in and of itself without more mean that the baby is not safe.
Answer Applies to: California
Replied: 12/21/2012
Ahluwalia Law P.C.
Ahluwalia Law P.C. | Madan Ahluwalia
You can file a written motion with the court. If there is danger to child's safety and welfare, the court will grant the motion and set some rules regarding child custody and visitation.
Answer Applies to: California
Replied: 12/21/2012
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