Legal Question in Family Law in California

Never met my child

For the last 8 years my ex wife has withheld and sabotaged any contact or visitation of our child on the grounds that I never child proofed my home or completed then parenting classes.

I did complete the classes, child proofed my home and filed proof with photos to the court and to my ex wife�s attorney back in 1999 and the court did grant the divorce.

I have not seen my boy since he was 2 years old. He is now 11. To this day I have never been able to speak to him or see him. I continually keep asking for a visit.

Child and mom live in CA. I live in NV. Child support is current. I was granted 50% custody and visitation rights.

My question is

After 8 years, I wish to argue to her that the statute of limitations of the courts that mandate me to child proof my home obsolete? Am I correct since he is a young man now and not a baby?

Thank you for your valuable time spent in answering my question.


Asked on 7/27/07, 3:52 pm

3 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Never met my child

Your ex-wife can't deny visitation simply on her own because she says you didn't child-proof your home.

You need to file an OSC to enforce visitation. The child-proofing most likely will be a moot issue, but if that's the only reason she denied visitation, it can be easily put aside.

A bigger issue is why you haven't tried to enforce visitation before now. You're going to have to start off most likely with baby steps in geting visitation and working up to visitation in N.Y.

Listen, the courts really like it when a parent is involved. But you have been out of the picture for a while. The good part is that your son is old enough to be able to give input. I would file an OSC for visitation, and I would possibly ask for minor's counsel.

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Answered on 7/29/07, 2:23 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Never met my child

I agree with the other two lawyers, however, I am different. I am licensed in Nevada and California and have done divorce and custody work often in both states.

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Answered on 7/29/07, 2:34 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Never met my child

You need to enforce your visitation rights before a motion is made to terminate all of your parental rights. Get represented immediately. Contact me directly.

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Answered on 7/27/07, 5:43 pm


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