Legal Question in Family Law in California

childs rights

my ex wife was granted only court monitored visitation when the boy were 3 and 5. she saw the mabey 25 times in 6 years. because of her continued drug abuse the judge suspended all visitation in 2007. she has just filed an ocs to re-modify visitation. her arrest record has been extensive since the suspended court order with convictions for both drug poassesion and prostitution. the boys are now 11 and 13 and my present wife has raised them sincr they were 3 and 5. the boys are telling me the court cannot make them see her and won't go..they have a mom..they really don't even know their birth mom. she suffers permanet phycosis from drug use and has never contributed anything to their upbringing. what should I do? I HAVE NEVER BEEN SERVED AND THE COURT DATE IS 6/16/2009. I ONLY KNOW THIS AS I GO ON LINE AND CHECK MY CASE RECORDS ABOUT EVERY 3 MONTHS. NO PROOF OF SERVICE HAS BEEN FILED. CAN THE BOYS HAVE A SAY SO?


Asked on 6/06/09, 5:29 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: childs rights

You should retain an attorney to go to court and object to jurisdiction, for lack of service. You should not appear by yourself, unless you know what to do. You also need the assistance of an attorney to protect the boys bests interests. Her visitation should be limited and supervised, unless she can show recovery from her condition. Even then there should be a period of visits with a counselor, until she has developed a relationship with the children.

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Answered on 6/13/09, 5:45 pm


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