Legal Question in Family Law in California
Custodial Parent Denies Visitation
My husband has two children from a previous marriage, ages 12,14. He was recently ordered to increase support paid to his ex. As a result,we were no longer able to afford a modest, yet comfortable, living in CA. He was offered a comparable job and we moved out of state where the cost of living is less. His ex was made aware of the move and indicated the kids could visit during school breaks & holidays and they look forward to these visits. Now after our move, their mother is denying the children to visit, stating they're too young, my husband wouldn't be with them 24/7, etc. When the kids inquire when they can visit their father, she states she's thinking about it, however she has denied to us in writing any access to visitation. We offered to pay ALL travel expenses and simply ask for her assistance in getting the children to/from the airport. We hoped to reach an agreement independent of court, however with her flat our refusal to allow visitation we have filed to revise the current order. Do the courts allow the custodial parent to deny visitation like this? Is it corrent that we are to pay all travel costs? Does my husband have any other course of action to retain his rights for visitation?
4 Answers from Attorneys
Re: Custodial Parent Denies Visitation
He should have obtained a written visitation court order before moving. Now he will have to come to California and obtain a court order for visitation. check with a family law attorney in the county in which the case has been heard. This will allow him to get the order with the least cost.
In Santa Clara County he could arrange to do the orientation course, mediation and judicial custody confernce can be done on consecutive days. Other counties have individual methods.
Re: Custodial Parent Denies Visitation
I believe it may be important for you to retain counsel to address this in California courts. The court may want to discuss the out of state move, however, I believe the court will grant such visits. Kids are not too young as long as proper precautions are taken. 800-685-6950
Reply: Custodial Parent Denies Visitation
You will need a new court order that takes into consideration the geographical distance and travel issues.
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Custodial Parent Denies Visitation
Generally, the court will not allow one parent to refuse custody to the other--the court will probably order the mother to allow visits and to drive the kids to the airport. Generally, the courts will order the costs of transportation to be borne equally, depending on the relative economic conditions of the parties.
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