My question involves a child custody case from the State of: California
We do not have a court order for custody or visitation. We've been split for 4 1/2 years and have mutually agreed on Custody and visitation, but nothing done legally.
Recently My 6 year old Child was with her dad for the weekend and was left under the care of her 12 year old step sister who took her to other homes in a Mobile Home park, During the travels in the park My daughter was not supervised by an adult. She was involved in a game of Truth or dare with Teenage kids and was kissed by a 16 year old. My Daughter also got in trouble for not returning home in time, and was told she should walk back by herself through the mobile home park to meet her curfew even if her 12 year old step sister doesn’t walk back with her. Her dads household has domestic violence between her dad and his girlfriend.
This is not ok. The risk of a 6 yr old not under age approiate supervision is not okay with me. The kissing a teenager is not ok, and the trust of her walking through a mobile home park by herself is not ok. When I asked her father about it, he ignored me for 5 days. My daughter has not gone back since(its been two weeks) and at this point I want to go to court.
I can't file an Ex parte without a case started. So I've been working on the paperwork to start the case. However, In the paperwork I believe I have to put how I want visitation to be, and I'm not sure what to put there. Of course i want her to have her dad in her life, but we can't be having these situation occur. Idealily i would like her dad to slowly earn his time back and show he is looking out for her and her safety.
So if I'm doing an Ex parte to say he can't see her for now, do I also put no visitation on the FL 311 form? Eventually I do want him to have the ability to have visitation. These forms confuse me and self help was no help to me.
Can anyone help me on how to start this process up?