Legal Question in Family Law in California

Mother no longer involved

I have sole legal and joint physical of my 14-year old son. Mother is only allowed 8-hour visit on the last Sunday of the month. That's it. No vacation, no summer, just the 1-day a month. She has failed to come to that visit for the past 11 months. They only talk on the phone about once every 6 to 8 weeks and their conversations don't usually go well.

Based on the fact that she hasn't seen him in 11 months, doesn't talk to him for weeks on end, owes over $10,000.00 in back child support, lives in a different state, has a warrant for her arrest here in Ca. PLUS the child doesn't want to see her, do I have enough to get sole physical custody as well.

I feel any type of visit should take place only when my son is ready. Not make him go because she all of a sudden shows up one day and say's he has too because it's a court order. That is what my son is afraid of.

This isn't fair to my son.

What would my chances be of being awarded sole physical?

Please don't be brief with answer.

Thank you.


Asked on 6/07/07, 8:17 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Mother no longer involved

It sounds like you already have sole physical custody from a practical standpoint. You can file a motion to modify the current order, but you could come away from court much worse than what you are. Sit down and talk to an attorney who has handled at least 100 child custody cases in the last five years. He can give you some practical advice. If I were you I wouldn't rock the boat. Good Luck, Pat McCrary

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Answered on 6/08/07, 7:42 pm


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