Can I see my kids if they are sick?

Question: I live in Los Angeles, CA. My ex girlfriend and I lived together for three years and had a wonderful baby-girl, who is 2 years and 3 months. We are in the custody battle at this time, and have a termporary custody agreement until the hearing takes place in May. I just found out that the baby got sick with the flu. I wanted to come over and spend a little time with her. My ex, however, refused to allow me to see my daughter until the next day of my visitation schedule. Do I have a right to see my daughter when she is sick apart my visitation schedule?

Answer: I cannot answer your question specifically to the laws of California, as I do not practice in California.

Generally, no you cannot visit with your child outside of the visitation schedule established by the Court without agreement of the other parent. In fact you should in some respects consider yourself fortunate that CA allows temporary orders in paternity cases. Many jurisdictions do not allow any specified custody until the Court finally establishes paternity.

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