Legal Question in Family Law in California

I have full legal and physical custody of my daughter. Per court order, her biological father has supervised visitation only at my discretion, with either myself or his mom. His new wife is pressuring me to allow unsupervised visits. Do I have the right to go to court and switch the supervised visitations over to a court liason? Dad does live out of state, and only comes twice monthly for probation appts.


Asked on 8/11/10, 8:51 am

2 Answers from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

You have no obligation to do anything if you are comfortable with the present arrangement. The other side is responsible for bringing a petition to change the court order that exists today. If they want the change, make sure they are the ones requesting it. You have to understand why the visits are now supervised and what has changed to allow unsupervised visits. If nothing has changed, and you are still concerned about unsupervised visits, that concern should be shown to the court....hopefully with evidence that supports that concern.

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Answered on 8/16/10, 9:08 am
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I have an ex whose new wife tried to ask me to do the same, assuring me that she would make sure my ex would not get drunk or high around them. I said that I didn't know her very well to trust her with my babies, and if I had to rely on her instead of the father, then I was not willing to invite that drama into my life. Do you and the kids need or deserve the drama? Make him prove to the court that He deserves a chance. Ask yourself if it sounds like he is making it all out to be your fault and You should fix it. If so, then your kids still need you to protect them like you have been.

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Answered on 8/16/10, 8:23 pm


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