Legal Question in Family Law in California

Re: Non-custodial parent visitation

You can most certainly have visitation with the child, unless you are a danger to the child. The adultery does not have great bearing on a child custody case, however, in limited circumstances it may have a bearing. Of more importance is that she is withholding visitation. The courts prefer to give custody to the parent who is most likely to see that the other parent has frequent and meaningful contact with the child. You can try this on your own, but would have a much better chance for success with an attorney on your side. Good Luck, Pat McCrary

Re: Non-custodial parent visitation

The courts generally order visitation if the parties cannot agree to a custody/visitation arrangement on their own. Each parent is generally allowed at least some custody of the child unless doing so would harm the child.

Regarding the adultery, no-fault divorce in California the last three decades means it is immaterial in the divorce proceedings, unless the actions could be shown to severely injure the child.

Re: Non-custodial parent visitation

You are entitled to visitation call me directly at (619) 222-3504.

Re: Non-custodial parent visitation

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Unless mom's behavior with her lover in the chil(ren)'s presence is not in the best interest of the child(ren), her adultry is irrelevant. (California is a no-fault state.)

Unless dad is an unfit parent, he is entitled to some legal and physical custody (i.e., participation in decision-making and time with the child(ren).) If your judgment of dissolution does not so provide, hire an experienced family law attorney to get it modified.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.