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I have a lot of drama with my sons mother at the moment. I…

Hello, so i have...

Hello, so i have a lot of drama with my sons mother at the moment. I recently proposed to my girlfriend and once my sons mom found out she threw paint on my fiancés car on a friday night, filed for child support on monday, came back to our house after i installed cameras and threw eggs at our car and house on Tuesday. We filed a police report and although you cant read the license plate off the car i can tell what car it is. Idk where to go from here

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

I have, they said it would be 3-6k to start my case for child support, restraining order, and custody of my son

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She wont let me pick up my son anymore because she doesn’t want my son around my fiancé

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Answered in 1 minute by:
11/20/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,888
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Did you tell the police that you know the car and it belongs to her?

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Customer reply replied 9 months ago
I told them that it was her cousins car. My sons mom is the only one that knows where my fiancé and i live and we do not have problems with anyone else. They said because the eggs did not hit our vehicle they cant do anything. I did forget to mention that the eggs did land on our property but i did not want to call back and make my story sound different so we left it at that. I have pictures of everything and a video of their car driving by trice to throw eggs

Thank you. You can speak with the police again and provide a statement and see if they will write a supplemental report, once that have this information from you. Now, as far as the issue with your son, she needs to turn him over, unless she has a court order, saying otherwise. If she refuses, you can take her back to court and seek to hold her in contempt, for interfering with your rights to your son and not turning him over. You can also file on your own, at the court house, for a restraining order, so speak with the clerk of court and they can provide you with the forms.

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Customer reply replied 9 months ago
Also i know this will not help me in my case that i do smoke cannibis to aid with insomnia, depression and anxiety that i feel has been crated because of her putting me through a lot. I dont smoke everyday, just when i need a little help. This has been going on for +4 years. And I recently got my medical card a month ago but im sure it wont help that i still do it and might consider me an unfit father, correct? I do have my medical card to provide. Im not a dead beat dad, i have a great job as an automotive technician and excellent credit.

If it is medically prescribed, it should not necessarily harm you, as long as it is not used or consumed when the child is in your care and could be an issue.

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Customer reply replied 9 months ago
Is my fiancé able to get a restraining order against my sons mother even though it was not confirmed that she was the one that did the damages to her car?

She could if there is evidence to support it. If your finance is being harassed and victimized by her, she could proceed through the court and try and obtain it and testify, to what she is doing to her.

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Customer reply replied 9 months ago
When filling the restraining order is my fiancé allowed to have the other party pay for the damages, cameras we had to set up, car cover? Or would that be along the lines of suing?
No. That would be through a civil lawsuit or if she was charged criminally, through restitution.
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The restraining order would simply keep her away. Thank you again and please let me know if there is anything else. If not I kindly just ask that you rate my help at the top at this time
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Customer reply replied 9 months ago
Is it legal to record her without her knowing while in a public place? Im sure she will admit that she vandalized the vehicle. Also if she threatens my fiancé while speaking to me and my fiancé is not present, it is my understanding that its concidered assult, correct?
No you could not secretly record her. Consent of all parties would be needed. However, the mere threat to you may not be enough for assault charges to be filed
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