Legal Question in Family Law in California
can employers prevent visitation?
The father of my son and I have been to mediation to work out a visitation schedule. So far, we have gone back about three times. He just doesn't seem to be able to fulfill it. We have agreed that he will have him for half of his school vacation. So far, he hasn't taken him even once for that. His excuse is that his work won't let him off (even though we have a set schedule for the whole year in terms of his visitation days). Can an employer really prevent him from his visitation days that we have agreed upon and the court has approved and deemed satisfactory to fulfill his obligation? Thank you for your help.
3 Answers from Attorneys
Re: can employers prevent visitation?
No an employer cannot prevent visitation. I think that what the Father is really saying is that he does not want to take the time and effort to find child care for the child during the summer and does not really want one half of the summer. Either father wants the additional time to reduce his child support, or he just goes along with what is said in mediation without expressing his real concern. If this has happened three times, I would suggest that you are seeing a pattern that will not change and you should expect the same in the future. Good Luck.
Re: can employers prevent visitation?
His employer has no obligation or duty to give him vacation or other time off work so he can be home when the child is there for a visit. That would not prevent father from exercising his visitation, but it would require him to make some arrangements for the child's care while he is at work. The age of the child and other factors about the child would determine what arrangements for child care were appropriate.
Re: can employers prevent visitation?
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NOW, IN RESPONSE TO YOUR INQUIRY --
Unless he has available vacation or personal time,
or if your schedule conflicts with the employer's
needs, the employer can prevent him from taking time
off. He either needs to make the visitation schedule
compatible with his work schedule, or find appropriate
child care for the hours he's at work, or start
paying more child support based on the time he really spends
with the child.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.