Can I refuse to send my daughter to her mother’s home if I suspect that her mother’s boyfriend is grooming her to molest her?

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Can I refuse to send my daughter to her mother’s home if I suspect that her mother’s boyfriend is grooming her to molest her?

I have split physical and legal custody (alternate weeks) and my daughter is 10 years old. He started dating her mom 10 months ago and moved in after 2 months. He tells my daughter that he is her father since he loves her a lot and that she should trust him (he doesn’t do that with her brother). He will only play with her brother to make her jealous if she doesn’t obey him. He sleeps right next to her in bed with her mother and brother. He has been snuggling with her on the couch and asking if she is okay with each position that he moves into with her. He calls her often to tell her he misses her.

Asked on December 7, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I would request a modification of the court order--requesting that you become the primary custodial parent--as this behavior is inappropriate.  You may see a better outcome if you retain a local family law attorney. 

You would need to file a Request for Order (FL-300).  Best of luck.


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