Legal Question in Family Law in California
Can a ex-wife deny husband from seeing his daughter due to an incident that happened while husband was on medication and drinking at the time it happened.
2 Answers from Attorneys
If there is a visitation order only the judge can deny visitation. If there isn't a visitation order anything can happen.
The ex-wife would need to go to court on an emergency basis to temporarily modify the custody and visitation orders until a full hearing on the matter can be held. However, no court is going to punish her for temporarily withholding visitation while an emergency motion is filed, of something serious occurred. Your real question, however, seems to be whether something the dad did while drinking and on medication can be held against him to cut back on, eliminate or require supervision during his visitation time. The answer to that is absolutely YES. Not only does being on medication and drinking not excuse him for an incident, being on medication and drinking around the child even WITHOUT any incident is COMMON grounds for keeping the child away from a parent, or only allowing supervised visitation.