Legal Question in Family Law in California

Child has to fail first for something to happen

I can't believe what I'm being told regarding my son. I have custody of my child. Mother has everyother weekend. She had her weekday visits taken away and then about 3 months ago, judge gave her back 1 weeknight visit pending his homework was done and he was fed. Every weeknight visit so far, my son comes home and his homework is either not done at all, or done incorrectly. I make him either do it, or redo it so he turns it in and turns it in correctly. Well I told my lawyer I want the weekday visits either taken away or shortened since she's not doing her part (they are 4 hour visits right now - 3 to 7). My lawyer tells me that the judge won't because it's not effecting my son. Maybe if we had some incomplete papers or some bad grades we would have proof - it's her word against mine. So basically I'm being told my son has to not turn in homework or get a bad grade before the judge will do something about it. I got custody away from his mom for these reasons (failed 2 grades while with her). What is wrong with our system that a child has to fail before something is done about it. Please advise of what I can do.


Asked on 5/27/05, 2:36 pm

2 Answers from Attorneys
Scott Jarvis Jarvis & Associates

Re: Child has to fail first for something to happen

I would be happy to discuss your options, please call my office. (562)597-7070

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Answered on 6/02/05, 7:49 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child has to fail first for something to happen

You are in a position where you must obtain evidence to support your position. Courts are reluctant to reduce visitation without good evidence that the present visitation is not in the best interests of the the child. You should keep copies of his homework that has been done incorrectly when is his with mom. Also talk to his teachers about changes in his behavior either before or following a visit with mom. Also consider that a few missed homework assignements should not be detrimental over the long haul. Also he will learn something about being responsible for his homework and his conduct.

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Answered on 6/03/05, 5:47 pm


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