Legal Question in Family Law in California
Parental Rights/Visitation Rights
I have recently been in contact with my daughter for the past 6 months. I had not seen or talked with her for 10 years and she is now 14 years old. Her father had divorced me and had sole physical custody issued to him. In July of this year he let me come visit her for the day. He has also agreed to let me have her for a week this christmas vacation. After agreeing to come get her he demanded that he now wanted copies of my and my husbands driver license, car insurance, P.G&E bill, and home phone bill. I agreed to show him these items but i was not going to give him copies of my personal information. He will not keep is agreement now. I just want to see my daughter as she does me without all the drama it's causing both families. What are my chances of getting court ordered visitation so that i dont have to endure verbal abuse and can get on with building a realationship with my daughter. I would greatly appreciate any advice given on this matter.
2 Answers from Attorneys
Re: Parental Rights/Visitation Rights
You have a good change of gaining some sort of visitation with your daughter. It may start with reunification threapy. Which means you will visit with your daughter in the company of a threapist. If the visits go well, your visits will continue without the threapist.
Re: Parental Rights/Visitation Rights
No one can give you an accurate answer without knowing a lot more about you and the history of your case. In general, the standard for custody and visitation is the best interest of the child. Also, CA law favors children having time with both parents so long as the child will be safe. Bottom line: you will need to show the court that time with you is in your child's best interest. In order to do that, you will probably have to show that there has been a significant change in circumstances from when the last orderes were made (but that depends on mor einformaiton than I have to go on here).
After such a long absence, a court ordered plan for gradual reunification, and perhaps for joint therapy sessions for you and your daughter, might be appropriate. The first step in obtaining new court orders is consulting with an experienced family law attorney. Good luck!
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