Legal Question in Family Law in California
When a parent who has full physical custody of a five year old girl, refuses to let the other parent visit the child. Can I file for full custody?
2 Answers from Attorneys
The best starting point is to go to court on a motion to establish a specific enforceable parenting plan.
If the other parent has sole physical custody and you have no order for visitation, you have no right to anything, much less full sole custody to you. On the other hand, if you have an order that you are to be allowed visitation and she is violating it, you can take her into court to be found in contempt of court. Also, even though you have no specific "right" to it, if you have been getting visitation without a court order and it has been going well between you and the child, you can do as Ms. Kock suggest and go into court to ask for a more balanced parenting plan with specific custodial or visitation time for you.