Legal Question in Family Law in California

I am still legally married in the state of california but I have filed for divorce. There is no custody arrangements made yet for our 20 month old son. My husband left the both of us when our son was a newborn and hadnt seen him for a few months straight. He has come back into his life when he was a year and wants to take him out now and keep him overnight. This makes me feel sick because he doesnt really know his dad and he does not know how to take care of him and he smokes ciggarettes around him and barely feeds him. I consulted with an attorney and he says I have the upperhand and can even deny his visitation even though there is no order, but that doesnt seem true. Do I really have any say on if he can take our son out?

Im concerned he is not taking adequate care of him.

Thank you,

Angela


Asked on 10/23/10, 8:17 am

2 Answers from Attorneys

The attorney is half right. You can deny visitation, but if he then files a motion for custody, your denying him visitation before the motion does not look good. You are far better off getting your own motion on file in the divorce asking the court to set a controlled visitation schedule with appropriate times, feedings and no cigarettes, etc. You will also get an order for child support at that time.

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Answered on 10/28/10, 11:25 am
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

I agree with Mr. McCormick. You need to file your own Order to Show Cause, and you should hire your own attorney without any further delay, so that you can get a court order regarding the visitation schedule.

BARRY BESSER

www.besserlaw.com

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Answered on 10/29/10, 12:28 am


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