Legal Question in Family Law in California
Protecting a child
My ex is going to be released from prison soon. He has been incarcerated a number of times prior. Prior to this incarceration we had a standard visitation agreement. Every other weekend and every other major holiday. He was never really into his kid and with his drug addiction he didn't really see his son. He has been incarcerated for 5 years. Will he be able to enforce this same visitation agreement as soon as he is released? I would like to make sure he is drug free and in some kind of program before he is alone with my son again. I am not sure what to do.
3 Answers from Attorneys
Reply: Protecting a child
You have the responsibility of returning to court and seeking a modification of the underlying visitation order unless the father agrees with you. You might want to consider some type of "parent re-unification program" using a therapist to assist.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Protecting a child
The visitation order is still enforcable. You need to file motion to modify visitation. The visitation, if any, should be supervised until he has shown that he is drug free.
Re: Protecting a child
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://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Go back to court and have the custody and visitation order modified ASAP. Contact an experienced Family Law attorney in the county where the order originated for specific advice and possible representation on your behalf. Or see the local Family Law Facilitator at the courthouse.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.