Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I live in California and I am currently dating a man who is going through divorce. His ex has promised to do whatever it takes to not allow their daughter to be around me during his time with her. They live in two separate cities and share time with their daughter. Their daughter is 16 months old. Neither he or I have ever done anything to harm her or that would be considered unhealthy for the child, but the ex simply does not like me. It’s a personal matter, but not one that holds any proof of harm or danger to the child. The ex just does not like me and does not want me around her daughter. Does she have the right to keep their daughter away from him or me legally in the state of California just because she doesn’t like me? Or does he have the right to bring her around whoever he wants during his time with her?”
Question: Parents can agree to any visitation schedule and/or restrictions subject to the Court’s approval. While there may or may not be restrictions regarding you if the case went to trial (years and thousands of dollars later), it would seem that in order for them to come to an agreement (thus saving years and thousands of dollars) you need to be taken out of the equation. Whether that is getting her to agree to allow you around the child, or your boyfriend agreeing to keep you away from the child is up to the child’s parents. Is there anything you can do to bridge the gap with your boyfriend’s ex? Do you have more control over your own behavior or your boyfriend’s ex?
