Legal Question in Family Law in California

seeking visitation

My husband has 2 children from previous marriage. Has not seen or spoke with the for 5 years. Mother has not allowed him to speak with them. Has paid child support,does not owe any back support, also has carried them on insurance for past two years,also has paid majority of medical bills,yet the only time she calls is when she assumes we owe her money. I have a whole file of legal documents and correspondence between all parties. He defaulted in CA in 95,therefore, no visitation was granted and mother has sole physical and legal custody. How do we petition court for visitation?Is there a certain form, or can we type a letter requesting visitation with a specific schedule and transportation terms since we are in another state?Also, she has stated numerous times she would never let him get visitation as long as he is with me.We have been together for 6years, married for 3,also have a 2 yr old and I have a 13yr old from previous marriage. what are chances for him even being awarded visitation?


Asked on 3/02/01, 5:10 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: seeking visitation

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://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. Nevertheless,

I would think your husband would have a very good

chance of being awarded contact (i.e., telephone,

e-mail) and some visitation, because public policy

in California favors "frequent and continuing" contact

for both parents. How much and when will depend largely

upon the children's circumstances (age, school schedule,

et cetera). You will need to have an Order to Show

Cause issued in the California Court that made the

initial custody/visitation order because that court has

exclusive and continuing jurisdiction as long as the

children and/or one parent still lives there. There

will be a hearing at which your husband will be able

to tell his side of the story by Declaration and/or

testimony. A local California attorney can propbably

handle all of the paperwork by e-mail, mail, fax. However,

unless there is a settlement before the hearing, your

husband will probably have to make at least one trip

to California.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Read more
Answered on 4/30/01, 2:19 pm
Guy Herreman Fathers Rights Law Center

Re: seeking visitation

Yes he has excellent chances. No u can not send a letter. He must file a motion. But i would need to know what county you are talking about. Our firm specializes in fathers Right. If You need further assistance please contact us at (909) 274-0057 Ask for Alex or Guy

Read more
Answered on 5/01/01, 11:16 pm


Related Questions & Answers

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