Legal Question in Family Law in California
Guardianship:mother absent 1yr back now:visitation
My husband and I have had legal guardianship of our nephew for 2 yrs. We had arranged a visitation schedule with both the mother and the father. In Jan 2004 his mother stopped calling. We heard from her Dec 2004. We let her talk to our nephew Jan 2005. She may ask to see him. My husband and I are going to file with the courts to ask for supervised visitation by a professional. If she asks to see him before we have a court date, how would the courts view it if we said no, until a decision has been made in court? Should we supervise until court date or should we wait? She has called 2 times so far this month.
2 Answers from Attorneys
Re: Guardianship:mother absent 1yr back now:visitation
If you fail to let the Mother visit the child, she can file an order to show cause as to why you are disobeying a court order. You need to already have your paper work on the file with court asking for a modification of the court order. That way, when and if she takes you into court on the OSC, you can point out to the judge that you are requesting a change in the order and ask for a continuance of the OSC until the Court has heard your motion to modify the court order. Good luck.
Re: Guardianship:mother absent 1yr back now:visitation
Why do you think that the visits should be supervised. If you have proof to support your request, then you should request a temporary restraining order for supervised visits pending the hearing.
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