California child visitation rights divorced parents?
My girlfriend has sole custody of her child. She's been divorced for about a year now but the father of the child hasn't seen the child for about 2 years now. Due to his failure to appear in court for the child custody hearing my girlfriend was awarded sole custody. Oh and she also has a restraining order (protection order) for herself and the child against the ex-spouse for the next 6 years. All of a sudden the father of the child wants visitation. Can anyone explain how this works in California (Los Angeles)? How much visitation will he get? Anyway to stop his visitation or have them monitor until the child is of age (18 years old)? Can the father of the child disrupt the childs current living status (i.e. not permit her to continue to attend the private school she current is enrolled in, not permit her to participate in her dance classes, etc.)? The child's mother resides in Los Angeles and the father has no established residence anywhere. He may try to use his sister's address in Los Angeles or his parents address in Bakersfield area. Would he be allowed to take the child to Bakersfield for any visitation he is granted? Ideally we would like there to be no visitation. But if there must be some visitation then we'd prefer it to be monitored and within the Los Angeles area, is that possible? We're afraid that the father of the child may take the child and run. He has no established residence except living with relatives and no established employment (he does not pay the court order child support). So it's hard to track his whereabouts. The divorce was very bitter and he has shown aggression in the past. If you are a Family Law Attorney, you help, answers, and any recommendations would be greatly appreciated. This will definitely tear our family apart. We've worked so hard to build a happy life for my girlfrien's daughter. I work very hard so she has the best education, etc. With the father now wanting visitation rights, I know he will want to pull her out of school just because he is spiteful. Please help!!! Thank you. -M-
Can a 16-year-old child choose not to have visitation with a parent in full custody situations?
No.What complicates this issue is enforcement. If a parent has visitation, and a 16-year old refuses to go, it isn’t the same thing as a 6-year old refusing to go. A 16-year old is capable of running away, physically resisting, etc. So, if the parent being deprived visitation files a motion for order to show cause, the judge is hesitant to enforce the order being violated. One of the defenses to being held in contempt is that you are not violating the order intentionally, i.e. the violation is happening because of events out of your control.
Out of state supervised visitation?
in Feb 2015 i was awarded full legal and physical custody of my 3 year old daughter. her father has been in and out of jail for domestic violence against me, his ex-wife, and his son with his ex-wife. he is supposed to have 2 hour supervised visitation once a week, but has not scheduled a visit since July and it is December now. I was granted permission by the judge to move out of state (I was offered a better job, and living is more affordable for me out there, plus my father's entire family will be minutes away from where i move). However, I am supposed to come up with a "reasonable visitation schedule" and present it to the judge in February 2016 at our next court date. I am at a loss for what is reasonable in this situation. My daughter cannot fly by herself, and seeing as how he is not allowed to be alone with her I will not allow him to fly out and pick her up. My only problem is coming up with the "reasonable visitation schedule" that works for a supervised visitation while my child and i live out of state. We are moving from California to Tennessee so no, its not close enough for meeting for a halfway drive. None of my family will do the supervisions, and I do not trust any of his family to actually supervise, they have already once let him take her without notifying me. Also, it has already been documented that he has taken her and held her from me for multiple days, so there is a risk of parental kidnapping. Any suggestions? Thank you in advance!
What would be standard visitation rights for a father and an 18 month old where the father hasn’t been involved?
You’d want to direct this question to an attorney familiar with your local judges. This aspect of family law is more dependent on the predilection of the court than on any broad general principle (the “principle” is “best interest of the child[ren]”).By way of example and not of “advice”, what I’ve seen happen (over about 11 years mostly in one county in Pennsylvania) is a “graduated” order.¹ The non-custodial parent will at first be granted supervised visitation (the custodial parent or some designated representative may be present during the visit) once or twice a week, then unsupervised visitation, then overnight partial custody, in an effort to allow the child to get to know him before establishing a permanent schedule. This process may take several months.Permanent schedules are usually either “every other week-end and one or two days during the week” or “fifty-fifty,” depending on the temperament of the judge, the parties’ respective living situations, the agreement of the parties, or any other factors adduced at trial.Note:¹ This is assuming that the NCP has actively pursued partial custody or visitation. If he has failed to do so, it is more likely he will be granted joint legal custody and visitation “as the parties may agree,” which leaves the schedule entirely up to the custodial parent. Again, though, this is what our court does. I cannot and do not purport to suggest that judges in other places would be bound by this practice.
Baby's mom won't let our new granddaughter visit us even though the father lives with us. Is that strange?
My 23 year old son lives with my husband and I and he recently had his 2nd child with a girl. He has another baby by another girl who is now 2.5 years old. My son only brought her to our house once during her pregnancy. The day she had the baby my, my husband, and my mom (great-grandmother) went to the hospital to see the little girl. We then were officially introduced to the mother then. That was almost 2 months ago. Since then my son has been asking to come get his daughter and bring her to our house for a visit if for nothing more than a weekend. The mother said she doesn't really know us so she's a little fearful of letting her child come to our house. My husband said that he understands that she may not know us but it's not as important that she know us than it is the baby know who her grandparents are. The girl won't even let the father, my son, come get the baby for a little while. She wants to set up possibly supervised visits with us until she's comfortable letting us take the baby by ourselves. Again, my son lives with us so she trusted him enough to have unprotected sex with him but doesn't trust him enough to let him come get his daughter for a little while. I'm not even talking about an overnight visit. She won't even allow just a few hours on a Sat. I know grandparents don't have visitation rights but what about the father? Can she keep the baby from him simply because he lives with his parents and she doesn't know us that well?
Should I let my sociopathic mother have contact with her grandkids? She is trying to manipulate her way to have contact.
No.Look at what you’ve written. You believe your mother is a sociopath. You say she’s trying to manipulate her way into your life. What part of that says ‘good grandparent’?I’m not trying to be harsh but I’ve said this before, don’t put your children at risk for the dream of a happy family. Some people can be bad parents but good grandparents. You know your mother best. Do you think she’ll treat your kids with kindness and respect? Or is she just looking for more victims?Could you trust her overnight? Call her in an emergency? If your kid was sick or hurt would you be okay leaving them in her care?If the answer is ‘no’ then don’t let her back in your life.
Narcissist ex giving my kids scabies?
My super emotionally abusive Narcaissitic ex is a super slob and gave my kids scabies, then went behind my back to take them to the ER to get medicine but took the medicine for himself because he doesn't have insurance. I threatened insurance fraud if he didn't apply it to the kids on his one a week overnight visit but I don't know if he did give it to them or not. I was advised by my kids doctor to not give it to the kids (unless they showed signs of it) because it is highly toxic and my youngest is only 18 months old. (2 doses in one week wouldn't be good) He obviously never cleaned his house because now 20 days later my youngest does have it and now so do I. He called CPS on me. CPS said determined the claim to be false and said my Judge should have done more to protect my kids. The CPS worker is now investigating my ex and his family...I think. My judge was barred from doing child welfare cases for 5 years because she ordered CPS to bail out a child rapist to care for his underage child. I left this Narcissist when I found child porn on his computer. I was awarded sole custody but not the supervised visitation I asked for. How many times do my kids need to get scabies before it's considered neglect? How many applications of this toxic medicine before it's harmful to my kids? How could I even know for sure if he has washed everything in his house? (CPS went to his house, but I know nothing of what they are doing because it's all private info) I'm in contempt if I refuse visitation...is scabies considered a not so big deal like head lice is? I consider it worse but would CPS or a judge? In the last 20 days he has actually and seriously taunted/mocked me about this. Smiling and saying I'm next to get it. He is thousands behind on child support and only recently paid $100 which all went to garbage bags, Lysol, bleach and vinyl coverings for all the mattresses and pillows in my house to try to eradicate (again!) the scabies he gave me and my kids...