Legal Question in Family Law in California
rights to child visitation
My brother is about to begin a nasty child custody suit. His girlfriend will not allow him to visit or see their 15 month old twin daughters. He has done nothing wrong. Is she allowed by law to keep him from them? Another issue is that she has been on drugs and every doctor she sees regarding (parasites coming from her body), they have told her to seek psychiatric help, which she ignores. I called CPS, they told me that only taking drugs does not precipitate removal of the children. THey have to be neglected or abused first. Why is that?
2 Answers from Attorneys
Reply: rights to child visitation
In a general sense, your brother should seek physical custody of the children and request monitored visitation for mom and drug testing.
For a specific opinion regarding your brother's individual circumstances, I suggest that he consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: rights to child visitation
First of all, why is it that you are seeking the advice and not your brother? If your brother will not take the initiative to contact an attoney why would you think he has the stomach for a custody battle?
In any event, the father needs to file a paternity action and file contemporaneous therewith, an Order To Show Cause for custoy/visitation. In the moving papers the father should advise the court of the mother's drug use and seek physical custody.
Your brother would be well advised to seek assistance of an attorney in the upcoming battle.
Regards,
Damian Nolan
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