What legal right do I have to not send my daughters to my husband’s house this weekend?

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What legal right do I have to not send my daughters to my husband’s house this weekend?

I am currently in the process of completing all necessary forms to file for divorce and gain sole physical and legal custody of our 2 daughters. My husband has a history of violence, and was charged with domestic violence 7 years ago. He recently slapped our oldest daughter and I no longer feel comfortable leaving our children with him unattended. As of now, he has our children every other weekend. It is not a court ordered schedule, just something we created together.

Asked on January 28, 2013 under Family Law, California

Answers:

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

Answered 8 years ago | Contributor

If there is no court order, you can refuse to send your daughters to your (soon-to-be-former) husband's house this weekend.  You need to file asap.

It would most likely be best to consult with a local family law attorney for assistance.  The divorce process can be confusing.


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