If I’m in fear of the physical and emotional safety of my child in the care of her father, what kind of evidence do I need to force supervised visitation?

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If I’m in fear of the physical and emotional safety of my child in the care of her father, what kind of evidence do I need to force supervised visitation?

Asked on November 20, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will need to obtain an attorney to first get a temporary restraining order against him for you and your child.  If the physical and emotion safety of your child is in issue, the child's father should be nowhere near this child, with or without supervised visitation.  You need a restraining order. A lawyer will help you determine if there is sufficient evidence to bring an ex parte order/hearing (no notice to the father) or if a hearing will be required with notice. This should pave the way for the family court to amend the existing order to prohibit any visitation if you obtain the TRO.


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