Legal Question in Family Law in California
after 7 yrs of no contact/ x calls and wants child
We have not heard from x in almost 7 years. When we divirced, we had joint legal custody/ granting me primary physical custody. He moved out of state. Began harassing me via telephone while I was at work...(threats, badgering, ect...) My new husband & I relocated to another part of CA, (never left stste w/ child). Did not give x any info regarding our new location. We kept our phone listed as well as our address. X has been paying child support via wage garnishment, but no contact to me or child. Almost 7 yrs w/o contact, he calls one afternoon demanding to speak to child, and wanting to enforce visitaion ASAP. Does he have the right?
2 Answers from Attorneys
Re: after 7 yrs of no contact/ x calls and wants child
It depends upon the visitation order. No one can really answer that question until the order is reviewed. However, if the order gives him the right to visit, then, he has that right. Simply because he hasn't tried to visit over the last 7 years doesn't necessarily mean he lost or waived any parental rights. I suppose you could force him to hire a lawyer or he could ask the judge himself to enforce the visitation orders, but, he might ask for attorneys fees against you. Also, if the child doesn't want to visit with him, then, many times the court will not force the child to do so.
Re: after 7 yrs of no contact/ x calls and wants child
Ignoring him is a poor idea. You should file for a temporary restraining order requesting that the court order no visitation pending an evaluation and further court order. Depending on the age of your child now and his age when he last saw dad, it could be very traumatic for father to just pop into his life.
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