Legal Question in Family Law in California

change in visitation

my 11 year old son does not want to go to visit his dad. our original court docs were done when he was 2. since he was 5 he started school while living with me and has only been visiting once a month or so. i do not recieve child support as i declined it (dumb) in the beginning. now his dad isn't even willing to pick him up to visit. and that is fine with my son because he really doesn't like to go there. also, my current husband has been very close to my son and has no qualms about supporting him completely. how do i...change visitation

....apply for support

and make sure my current husband has right to visitation in the event of something happening to me?

a few more things....

at age 3 my son was sexually abused by a live-in babysitter at his dad's CPS and the court was involved and the guy was forced to move out. then when my son was 8 an older step sibling (13) acted inappropriatly and we have since arranged visitation to during the times that he is away. He(13) is now living there full time for the last two months so my son hasn't visited there since.


Asked on 11/15/06, 12:33 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: change in visitation

If your husband wants rights to visitation then he and you should look into a step-parent adoption. However, the Father would probably need to give his consent. If you filed a motion for child support he may have more of an incentive to give up his parental rights. You still have the right to ask for the support, it is not waived. You should have a long talk with a child custody and support attorney to plan your course of action. Good Luck, Pat McCrary

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Answered on 11/15/06, 4:18 pm


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