Do I Have to Go to Prison Just to See My Son

[ChicoDad]

My question involves a child custody case from the State of: California

In short my issue is this. I have three sons, the youngest from my ex-wife. I have my other kids all the time, and just want to have him around me and his brothers. I never fought in court because there was never any issues. That has changed and it has been a very long time since I have been able to see my son. I have tried sit-downs, phone calls, set up times and days... every time we are canceled on right before we can see him. Now after telling her I want to go back to court to just get set days I can have my son for visitation her father and herself have threaten to file statutory rape charges on me if I go to family court for visitation rights. She was 17 when we got preg. and is now 21 (my son is 4). Can they really try to abuse that law to try to keep me from going to court. Do I have to go to prison just to get to see my son?

[PQN]

It looks like the statute of limitations may have expired:

The statute of limitations will depend on the seriousness of the violation. No matter what, all cases are treated individually and if someone has committed a crime against you, you should report it to authorities. It is up to a District attorney to determine the nature of the charges (if any) and how the statute of limitation laws apply to your case. •Violation of Penal Code section 261.5(b) is a misdemeanor and has a one year statute of limitations.
•Violation of Penal Code section 261.5(c) can be charged as either a felony or a misdemeanor and has a three year statute of limitations.
•Violation of Penal Code section 261.5(d) is a straight felony and has a three year statute of limitations.
These statutes of limitations start running from the date of offense, regardless of when the crime was reported. There are other Penal Code sections tolling the statutes of limitations of certain sex crimes against minors where the statute of limitations begins running after the age of 18. This does not apply to charges under Penal Code 261.5 for statutory rape. It does apply to violent sexual assaults and sexual abuse of minors.

per: http://www.sexlaws.org/california_statutory_rape#Q1


Just to clarify:

1. How old are you?

2. How much older (years and months) are you than she is?

3. How old were you both when you got married to her? How was child visitation not addressed in the divorce?