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  1. #1
    Join Date
    Oct 2019
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    1

    Default Parent Visitation Rights Before Restraining Order Hearing

    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

  2. #2
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: Parent Visitation Rights Before Restraining Order Hearing

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

  3. #3
    Join Date
    Jul 2018
    Posts
    1,756

    Default Re: Parent Visitation Rights Before Restraining Order Hearing

    Quote Quoting pattischif
    View Post
    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?


    Quote Quoting pattischif
    View Post
    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.


    Quote Quoting pattischif
    View Post
    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.

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