Legal Question in Family Law in California
Recently, I won "Spousal Support Arrear" Payments for the next 2 1/2 years revisiting Spousal Support after Arrears are paid if I still need it. I represented myself and my ex-husband had an Attorney. For four (4) years since our divorce in 2009 ex-husband has only visited with my 9 year-old grandson (I raised since birth and have Physical and Legal Custody of) only a few times. Now, he wants to have a firm date of visitation on Tuesdays every week from now on. My question is, is there a "Legal" reason for visitation all of a sudden in regards to Spousal Support and something his Attorney may be telling him to do?
2 Answers from Attorneys
I'm not sure I understand your question but there is no relationship between spousal support and visitation.
The financial link between your ex-husband's desire to see the grandchild and spousal support is tenuous at best. He could perhaps argue, that your need for support will be reduced, given that he will be looking after the grandchild on Tuesdays - but I don't think he will get very far with it. Regardless, of the support issue, I think, and the court may agree, that going from almost nothing, to mandatory weekly visitation by a grandparent is not in the best interests of the child,(best interests of the child is the standard the court must use in determining visitation). Assuming, that your ex-husband's desire to see the child is genuine, I would ask the court to allow reasonable visitation at your discretion.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
