Legal Question in Family Law in California
My husband and I are divorcing. He drove us from CA to Nashville, TN and left us. I drove into KY where my family resides. I recieve child support. He has not seen them since march of this year and has not talked to them since july 27, 2009. How can I get his visitation removed completely? How will a judge view this?
1 Answer from Attorneys
If your divorce is pending in CA, you have pretty much no likelyhood of removing visitation completely, unless he agrees. Unless he is a totally unfit father who would be a danger to the children even with supervised visitation, he's going to get some visitation time. The court will not be thrilled by his conduct, but children need their parents, both of them, and the courts presume that continuing and regular contact with the non-custodial parent is in the children's best interests. If he chooses to abandon his relationship with them, so be it, but if he wants visitation, he's all but certain to get it.
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