Legal Question in Family Law in California
Can my husband take my son away from me?
My husband (J) and I are divorcing after 5 years of marriage. We have a 3 year old son. Due to J�s military obligations and our own personal disagreements, J has not been there for most of our son�s life. Previously J would see our son on weekends. But the time they�ve spent together has since declined. The last time they saw each other was about 6 months ago.
J is employed with a government contractor and will soon be employed with the county. He has money and transportation, although I�m not sure where he resides. I, however, am unemployed, with no money or transportation and my son and I are staying with family.
I have two questions:
1 - I do not want J to have custody or visitation of our son. He said if he will not be able to see our son he will not pay child support. Can he do this?
2 - J has told me if I go through with this and do not allow him custody or visitation of our son, he will fight it and do what he can to �take� our son away from me. If he can do this, what are the chances that I will lose?
Thank you so much for your help.
2 Answers from Attorneys
Re: Can my husband take my son away from me?
Unless your husband is an unfit parent who poses a danger to his child, he should have visitation.
If indeed, your husband is a fit parent who wants to be a part of his child's life, then you are doing a great disservice to your child by trying to keep his father out of his life. The court will consider the best interests of the child - and so should you!
Damian Nolan
Re: Can my husband take my son away from me?
Question # 1: No. His obligation to pay child support does not end if he is denied visitation.
Question #2: If you are a fit parent, he will not likely be able to "take" your son from you.
Re opposing visitation for dad: your desire to deny your child's father visitation, unless based upon his demonstrable unfitness, will not benefit you before the court. The court is concerned with the child's best interest, which in most cases is understood as the involvment of both parents in the child's life. I suggest that you try and resolve this conflict through mediation.
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