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?
2 Answers from Attorneys
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.
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