Law Offices of John A. Guthrie
Free Initial Consultation

How parents may protect their children during a divorce

When parents in California go through a divorce, there might be reasons that one parent is concerned that the child is unsafe with the other parent. In one case, one father was worried that the child's other parent would drink and drive with their 7-year-old son in the car. She had moved away with the child and cut off contact. The father was also concerned because she had not been the child's main caregiver during their relationship.

While courts will generally agree that, in most cases, a parent has a right to know a child's whereabouts, proving a dangerous level of alcohol abuse might be more difficult. For example, a court ruled in one case that even though a father drank nightly, this did not necessarily mean that he did so when the children were around.

Parents who are concerned about a custody battle should document any confrontations with the other parent as well as time they spend taking the child to school, doctors' appointments and similar things. In order to prove that a parent is a danger to the child, it might be necessary to produce police reports. Witnesses might be able to testify in the absence of other types of evidence. If a court decides that a parent is a danger, the parent may be required to take a blood test or undergo psychiatric testing.

Parents might also believe their children are in danger if there is a possibility of a child abduction. There may be ways for the court to step in to protect children in any of these circumstances, so parents might want to discuss these concerns with an attorney. While these types of situations mean that parents will probably have to go to court to resolve the child custody issues, in other situations, parents and their attorneys may be able to negotiate an agreement.

No Comments

Leave a comment
Comment Information

Pleasanton Office
239 Main Street Suite H
Pleasanton, CA 94566

Phone: 925-271-4342
Fax: 925-461-9930
Pleasanton Law Office Map

Danville Office
4115 Blackhawk Plaza Circle
Suite 100
Danville, CA 94506

Phone: 925-648-2074
Map & Directions

Arrange A Free Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response How parents may protect their children during a divorce | Law Offices of John A. Guthrie