Legal Question in Family Law in California

custody

My ex is an alcoholic, we have joint custody of our 2 kids, ages 12 & 15. Both kids have expressed their wishes not to see him. He has never paid court ordered child support and has his license revoked as a result of non payment. I have remarried and am very happy. I was notified by the court via phone stating my ex wants my address and wants to see the kids. I live in the state of California, Bay Area. Do I have to give him my address? and Must the children be forced to visit with him against their wishes?

Please help, thank you in advance.


Asked on 6/09/05, 2:53 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: custody

It would be unusual for the court to all a person and state that the father of the children wants your address and to have visitation. This type of request is normally made by the other parties attorney, or perhaps the district attorney, if the child has been hidden. Also most courts operate through written documents. Check with the court clerk about such a request. If he is requesting visitation you can insist that he produce a valid driver's license before taking the children or provide an acceptable driver with a valid driver's license.

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Answered on 6/12/05, 6:33 pm
David Lupoff Law Offices of David B. Lupoff

Re: custody

Generally, children must be encouraged to visit with the other parent, absent some kind of real threat to the children for such a visit, like imminent harm to them, etc. If it is proven he is an alcoholic, if he pursued his request for visitation, she could request a monitor to make sure no harm comes to the children. Also, the children get to a certain age where you cannot compel them to go and there is not a whole lot else you can do about it.

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Answered on 6/10/05, 11:21 am


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