Legal Question in Family Law in California
Child visitation with natural mother after five years of non-contact
My husband has two children ages 13 and 11 who have not had contact with their natural mother for 5 years because she never made any effort to see or call them. She is taking my husband to court for visitations. The children do not want to visit with her because they do not feel comfortable. They state that she is a stranger to them. Also she has never payed any child support because she was living in Mexico and it would be impossible to try to get child support. Will the court take their feelings into consideration? Also will she be given full rights to visit with them right away? or will the judge start them off with phone visitations and then escalate to weekend visitations? Their is a flight risk involved because she is not a legal resident and she does not have a permanent address. What can we do? Please help!!!!
3 Answers from Attorneys
Re: Child visitation with natural mother after five years of non-contact
In a matter of such importance as kids, you should retain counsel. Need much more info to respond.
Re: Child visitation with natural mother after five years of non-contact
The information you have provided is very sketchy. There are many actions you can take but in any event you absolutely must file a response to the mother's moving papers. The court is mandated to take the children's wishes into account but that is not to say that the children get to decide where they will live. The matter is very complicated and because it involves children you should not be attempting to deal with this yourself without the assistance of an experienced attorney. Please seek counsel for your own and the children's sake. Regards, Damian M. nolan.
Reply: Child visitation with natural mother after five years of non-contact
You have several complicated and important issues on your plate, and have not provided enough information from which one could provide an opinion.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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