Legal Question in Family Law in California

Is it too late to fight for visitation?

My divorce was very emotional and my ex-wife threw allegations of child abuse around to anyone who would listen. We spanked our kids, but it was never abusive. (I know this is subjective...) She spared no expense to restrict my visitation and I was shocked at the statements she had the children write.

My son doesn't much care for me now, and says that he has ''grudge feelings'' from the spankings he recieved when he was younger. He is 17 and I've seen little of him since the divorce. I could go on and on with the scenes that were played out by my ex-wife.

Anyway, I just recently read an article about PAS http://www.fact.on.ca/Info/pas/walsh99.htm and the criteria is haunting. My question is... is it too late to fight for my kids? They are 16 and 17.


Asked on 5/06/04, 7:28 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Is it too late to fight for visitation?

No it is not too late and this may be your last shot to reconcile with the kids because when they reach the age of 18 the court has no jurisdiction. It will take some counseling individual and joint with the kids and it may not work. If you want a relationship now is the time to move and don't delay. It may take a little time and that time is running out quickly. You will probably need to file a motion with the court and ask the court to order the counseling. You are certainly better off with an attorney since this is going to be a difficult process with no guarentees and you need to give it your best shot. Good Luck, Pat McCrary

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Answered on 5/07/04, 4:11 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Is it too late to fight for visitation?

In a general sense, the California court has jurisdiction to modify child custody and visitation until the children become 18. Custody cases can take time, and children the age of your children will find a way to have a voice in the matter.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 5/06/04, 9:04 pm


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