Legal Question in Family Law in California
custody/mediation
my ex (never married) granted me full legal/physical custody of our 2 year old daughter. he had been an absent parent for the first 20 months of her life, insisted on paternity testing at 20 months, etc...we are now having issues regarding when his visitation can proceed unsupervised (he lives in tx, i live in ca). as the custodial parent, in a situation where we cannot agree, do i not have the right to set a paramenter of supervision if i deem it necessary ? (note: over the past 3 months of his total visitation, visitaion has substantially decreased, his last visit in october a mere 40 mins (he has spent 38.5 hours with her total, 2 of them unsupervised by either me, or my father). additionally, he is bringing his fiancee, who had met my daughter briefly, and went on to tell my daughter's pre-school teacher, and another friend of mine who i set up visitaion through that my daughter was a ''mistake''). i feel that the first time my daughter is exposed to this new situation, it is fair that my mother or father be present, to supervise. am i completely out of line? now, he is refusing to come visit and refusing to go back to mediation in order to clarify issues regarding supervision vs. non-supervision.
1 Answer from Attorneys
Re: custody/mediation
Refusing to go to mediation can cause you problems. It would be better for you to go to mediation and present your side. New girlfriends statements are detremental to the the child's best interests. Requesting a period of reaquaintance for father and the child in a supervised situation would be a reasonable request. Retaining an attorney to assist you in this matter would be your best approach.