Never married, separated, one child age 4. Mother withholds child visitation at will. Falsely accuses father of abuse. What do I do?

Asked in Monterey, CA on July 6, 2026 Last answered on July 8, 2026

Separated as partners 3 years ago. She states she is "afraid" of me (I have never abused her in any way). She makes up stories and has called the police twice. She disapproved of an activity I took my son to, and screamed at me about it in front of the child (and my mother). Then excluded me, my family, and my friends from the child's birthday party, and said if we came she would call the police. There is no custody order at this time, and never any restraining orders or arrests against me after police investigated her claims. I would like 50% custody but I'm afraid court might believe her lies.

1 answer

Marshall Waller
Answered by:

Marshall Waller

Calabasas, CA
Feinberg & Waller, APC 818-676-9475
Virtual Appointments
Answer

If you are not going in to protect your rights as a parent because you are afraid the court might "believe her lies," all you are doing is eliminating any chance that the court will believe you. Go to court, hire a lawyer if you can afford one (if not, Google "low income family law firms" or something like that to see what you can find. Or, go to the Family Law self-help center in your local Superior Court (almost all counties have such a program), and they will help you fill out the forms and get in front of a judge). Doing nothing because you are afraid just gives the other parent what they want without having to do anything to get it; so get in front of a judge and tell them what's going on. You will have a relationship with your child, and it just might be 50/50. Because mom has kept you from your child for so long, you may need to do a step-up in time, and possibly with a monitor for the first few visits (it's not so bad and would actually help you here), but you will get the time with your child. Do something NOW, do not wait any longer. 70% to 80% of the people getting divorced in California do it without lawyers; so can you. Good luck!

July 8, 2026

Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!

Submit a question and get answers for free from a Super Lawyers Selectee.

Ask a question
Disclaimer

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

Page Generated: 0.085345983505249 sec