What can I do if my ex insists that I only see my children in another area? 8 Answers as of February 21, 2012

My ex will only let me see my child in my grandmother’s house where I used to live but I have now moved to a different area and want to bring the child there. She has been difficult since we broke up and violent and controlling. I am currently trying to gain access through court. She and her family have threatened my wellbeing so I have moved away. Can she dictate where I see the child even if it is in my own house?

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Law Office of Rhonda Ellifritz | Rhonda Ellifritz
Not without a court order.
Answer Applies to: California
Replied: 2/21/2012
Jones & Williams
Jones & Williams | Elizabeth Jones
Let the Court decide what is in the Best Interests of the Child. Just remember, the court can only make decisions based on the information presented. I recommend that you get an attorney or you will be battling this until your child is 18.
Answer Applies to: California
Replied: 2/21/2012
Peyton and Associates | Barbara Peyton
The best thing to do is file a motion with the court and have the mediators and the judge help the two of you come to a resolution.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Frances Headley | Frances Headley
Unless there is a court ordered restriction, you are free to take the child any where that is within a reasonable distance and is safe for the child. You should consult a family law attorney or facilitator about how best to word your request. You should also determine whether a restraining order is appropriate to your situation.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Unless there are justifications dealing with the safety and well being of the children, you should get the support you need from the court on having an unrestricted parenting timeshare with the children.
Answer Applies to: California
Replied: 2/20/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
I am sure that she will allege that there is a good reason why she only allows visits there. I think you are doing the right thing by going to court. The judge will determine if there is any justification to her request. If there is not, then she will not be able to control where you have visitation. The court does want you to be able to take the children and spend time with them unsupervised but the court also has to make sure that the children are safe.
Answer Applies to: California
Replied: 2/20/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you have (or receive) an unrestricted?child visitation order, you can visit the children wherever you choose to visit them.? If their mother fails to give you access to the children on a court-designated visitation day at the court-designated time, you can file an Order to Show Cause in re Contempt against the mother and/or file an Order to Show Cause to modify Child Custody based on their mother's failure and refusal to allow you unfettered frequent and continued contact with the children.
Answer Applies to: California
Replied: 2/20/2012
Attorney at Law | Dorinda Ohnstad
What are the terms and conditions of any court order in place. If there is no court order, neither of you can "dictate" to the other. On the other hand, without an order either of you can refuse to be cooperative with the other.? However, when the matter finally comes before a court the non-cooperative parent does not fair well before the court. The judge wants to see that the parents are doing what's best for the child, not what's best for them. Given the lack of cooperation you definitely need to seek a court order to protect your interests. Most counties have a free family law facilitator to give you guidance in self-representation if you cannot afford to hire an attorney. Something to look into based on what you said is that you've been threatened. Not sure what that amounts to, but you could look into a domestic violence restraining order, through which you could also seek custody/visitations with your child.
Answer Applies to: California
Replied: 2/20/2012
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