Legal Question in Family Law in California
Parent abuses alcohol and wants to visit our child.
My wife and I have a court order for 50/50 custody but my wife almost completely stoped visitation about 3 months ago.She abuses alcohol and has been arrested 2 times in the last 2 months for alcohol related crimes.I filed an OSC for a change in the visitation to supervised visits but she has evaded the sherriffs department from serving her the papers.Now she has called and wants to take our daughter for the day this saturday.What are my rights?Do I have to let her have the visit?
1 Answer from Attorneys
Re: Parent abuses alcohol and wants to visit our child.
Don't let her take the baby. You need to go to court ex parte and get an emergency order for termination of visitation rights. I had a client whose spouse was abusing alcohol. He got in an accident THREE TIMES in one day with the 2 daughters in the car. Luckily, no one was hurt.
If she really is abusing alcohol, get the evidence of the arrests and go to court ex parte.
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