Legal Question in Family Law in California

I am having custody issues with my two boys fathers (boys are both 5 and 6 years). For almost three years now the father had them every other weekend and over night. I was impressed at how he started calling his sons everynight to say he loves them. I encouraged his parental invovlement. Now the father got remarried and has stop seeing his boys for over two months now. When my son asks where his dad is I tell him I dont know. The father changed his number and moved, refused any communication from me. We have joint legal custody I have full physical custody, he has court order visitation. What can I do now for my kids if he never shows and decides to show up months or even years later? Do my sons have rights if they personally do not want to see him anymore?


Asked on 3/23/10, 5:17 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

You cant order a father to visit his children. You should file a motion for sole custody if he stops wanting contact with his children. You can only get orders for child support and order him to pay you child support.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/30/10, 6:55 pm


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