Legal Question in Family Law in California

Re: Impact of assault conviction on visitation

You should file your motion to modify the current visitation order. At the same time you should obtain a copy of the criminal file from Virginia. San Diego County does not use a court investigator, but uses Family Court Services, mediation for investigation and may also appoint an attorney for the children, who can do further investigation. A copy of the criminal court file will move the matter through the system much quicker. Also, if he has a probation officer, that would be an important contact for the mediator or attorney. Retain an attorney who has handled at least 100 child custody matters. This is not an easy case. Good Luck, Pat McCrary

Re: Impact of assault conviction on visitation

His conviction certainly has relevance to his current visitation rights. If you wish to modify his visitation you may do so via an OSC hearing. Please call me directly at (619) 222-3504.

Re: Impact of assault conviction on visitation

Yes.

Re: Impact of assault conviction on visitation

You should have any visitation agreement modified given this new information. You should establish this for the record in case he causes future trouble and you need any additional help from the court.

Martin

Re: Impact of assault conviction on visitation

Yes, that could be a ground to ask the court to modify his visitation to supervised. There's a good chance the court would temporarily modify the visitation pending a report from a court appointed investigator.