Parent Visitation Rights Before Restraining Order Hearing

[pattischif]

My question involves child abuse or neglect in the State of: California
There is a restraining order hearing coming up the first part of November involving
the father of my grandson who is age, 9. The father insists that he wants to
see his child and talk with him. There is no Court order regarding custody or
visitation rights. He has been living with his mom and grandparents (me and my
husband). Does the father have any legal right to see his son before the hearing.
My fear is that he will try to persuade his son to change his story. As of right
now, my grandson is afraid of his dad.

Thank you.

Grandma Patti in California

[PayrolGuy]

Who is the protected party in the RO? Is there currently a temporary restraining order in place?

[pg1067]

There is a restraining order hearing coming up the first part of November involving
the father of my grandson who is age, 9.

In what way is the father "involved"? Is he the party seeking the restraining order ("RO"), or is he the party against whom the RO is being sought? Are we to assume that the child's mother is the other party?

There is no Court order regarding custody or
visitation rights.

Were the father and mother ever married? I assume not. If that's correct, was the father's paternity ever established? If so, how was it established? Note that "his name is on the birth certificate" doesn't answer the question, but maybe the mother and father both signed an acknowledgment of paternity.

Does the father have any legal right to see his son before the hearing.

The pendency of the hearing isn't really relevant. In the absence of a court order regarding custody and visitation, the father likely has no enforceable parental rights.