Legal Question in Family Law in California

Can parental rights be taken away if one parent denies visitations and acceptance of money in California?


Asked on 7/29/10, 9:16 pm

3 Answers from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

parental rights can be very broad or very narrow. A parent would be in contempt of court for denying court ordered visitation. That usually would not result in losing all parental rights but it certainly would give cause to reduce visitation on the part of the one denying the visitation of the other. Repeated contempt might result in total loss and/or fines or jail time. If, on the other hand, visitations were denied by a parent for good apparent cause (fear of harm to the child for one), this could be excused by the court in the short term if the court had an opportunity to hear about the alleged good cause and accepted the reason as factual. I do not understand the "acceptance of money" part of your question..

Read more
Answered on 8/03/10, 9:54 pm

I don't know about what they do in Redding, but in the rest of California it is illegal for a judge to consider support issues in connection with custody determinations or custody order issues in connection with support, except of course to the extent that the custodial order's time allocation is an input for the Dissomaster calculation. Denial of custody does not excuse payment of support, and non-payment of support cannot be grounds for denying custody.

Read more
Answered on 8/04/10, 12:59 am
Anthony Roach Law Office of Anthony A. Roach

Mr. McCormick is correct. A judge is prohibited from calculating or altering child support based on a party's interference with custody and visitation. A judge, however, is allowed to alter a custody/ visitation order, however, if one parent is interfering with visitation or custody.

Read more
Answered on 8/04/10, 1:05 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California