Legal Question in Family Law in California

In the middle of a custody case. I am the mother. Filed for full physical and legal. Judge ordered mediation. And temporary visitation orders. Dad hasn’t signed up for mediation and court is less than a month away. Temporary orders are supervised visits every 2 & 4th Saturday of the month from 12:00 - 4:00. The 2nd I’ve agreed to drive her up to dads house. 3 hours away. And the 4th he is required to come here. Supervisor is my mother. Dad has failed to show up to the first two visits since court. He hasn’t called or spoke to us since prior to the first court date. It is my turn to bring her up however dad hasn’t responded or answered any calls about location or if he will be there. I do not have his address to just show up. As much as I don’t tell my 5 year old daughter she knows that 3 hour trip means we are going up to Dads. I don’t want to put her through this. Without any response from Dad am I obligated to make the trip ?


Asked on 3/11/20, 9:37 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

If you have a visitation order that specifies a visitation that requires travel to his location, then you are obligated to follow that order unless you receive something in writing from the father verifying cancellation.

When you are structuring any court orders, it would be in your best interest to use a program called ourfamilywizard.com. It is a single point of contact for all non-emergency communication concerning parenting visitation etc. You can also ask for an order that requires Written verification of the visitation taking place and if it’s not received by a Certain date and time, the visitation is canceled.

Your situation is complex. You would greatly benefit from the assistance of an experienced family law attorney to discuss your legal options.

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Answered on 3/12/20, 9:07 am


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