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TRO AND CUSTODY ?s California

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  • TRO AND CUSTODY ?s California

    first off just wanted to say im glad i found this forum.

    here's my situation:

    last weekend my fiace served me with a TRO (temporary restraining order) which states i cant see
    my 2 yr old daughter till the order is lifted by the judge. court date july 9th.

    im currenly preparing my custody case by myself (cant afford a lawyer)

    weve been together for 6 yrs. she has 2 kid form her previous marriage. i helped her thru her divorce

    from a abusive ex and custody of the kids. i paid for all court and attorney fees. since she moved in
    with me 6 yrs ago i supported her and her 2 kids due to school ( then kids was 4/5 yrs old) she didnt work even to this day

    2 yr ago we had a or babby girl

    the first 5 1/2 yrs everything was fine, then the following month due to economy and kids having more needs
    we had arguements. once a month if not less. there was no physical voilence just all verbal arguements.
    there was a time in march due to frustration i punched the wall. but never once even motion to hit her.

    our last arguement was in april agian verbal no physical contact whatsoever. her son called 911 said he
    got scared beause of the shouting but by the time the police came we were working it out. there were no police report or arrest made.

    I already filed the custody paper work. but would like to be prepared when i see the judge.

    btw: she lives only 2 miles away at a relative place now

    sorry its long

    my question or input:

    what informations do i need to gather before the court date?

    also is there way to get into court sooner for the TRO?
    the court pushed the date back another 3 weeks. 6 week total that i cant see my 2 yr old.

    i asked for mediation already on the paper work.

    ALSO............

    right now my fiance is staying at the cousin's home for unspecified length.
    I feel that the living arrangement is for the best interest of my daughter.

    reason:

    the adult female cousin is having/had sex with the another adult male cousin. (they have a son together now)
    also that same adult female cousin has a girlfriend YES girlfriend that stays in the same apartment.

    the father and mother of the male cousin knew what was happening with the son and thier niece. but didnt say anything

    SO QUESTION: what route do i take with this living arrangement.

    i would like to push full custody will this be feasable?
    Last edited by hannahs dad; 05-31-2008, 09:25 PM. Reason: more information added

  • #2
    First cousin marriage is legal in California, with no restrictions on childbearing, so the cousins having a child together is probably not going to be an issue for the court. I doubt the lesbian relationship is going to be, either. You live in California, dude. Demonstrating that the roommate's lifestyle is chaotic or unstable might help, but citing moral choices the roommate has made that are not illegal is not going to help you, particularly in the current political climate in your state.

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    • #3
      Be carefull what you speak of in court. If you stray off subject, (such as who is doing who) the judge will hold it against you.

      If you want your child, you cant afford not to have a lawyer.

      Been there. Got the kids.

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