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.


Asked on 4/04/01, 12:27 pm

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

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.

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Answered on 6/06/01, 10:47 am
Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 6/05/01, 6:45 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: can employers prevent visitation?

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, and Juvenile Dependencies, and EDD

hearings and appeals, as well as information

about me (education, experience, et cetera)

and my office (location, hours, fees, policies).

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.

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Answered on 6/05/01, 7:13 pm


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