Legal Question in Family Law in California
I have sole legal and physical custody of my daughter. Her father starts supervised visits once a week in September as long as he shows me proof of NA/AA. He hasn't paid child support since the child support order has been issued so he's three months behind. He's shown me no proof of AA/NA. He is on two different probations. He just got arrested a few days ago for raping a minor. I am going to court to file papers on Monday to hopefully get his rights taken away. I need advice. What are my chances of getting his rights taken away and making sure he can never see my child ever. I want my daughter safe with me, I do not want her father to ever be around her.
2 Answers from Attorneys
You're absolutely right that your focus should be on protecting your daughter. More information is needed about the circumstances of his arrest. Please meet with an experienced family law attorney to explore your legal options.
No one can tell you what your chances are but as mentioned above your chances will be better if you have an attorney. If not focus on the important things. I can tell you do not get sidetracked or emotional. Non payment of child support is really not something that prevents visitation. Just because he has not provided NA/AA if he truly is compliant maybe a sideshow. If he is using alcohol drugs that is the issue. The probation if tied to crimes that endanger your child are issues. If the probation is for a broken headlight then is is a rabbit hole. Everything must be about the best interests of the child. Completely denying visitation is going to be an uphill battle. You must appear to be rationale and reasonable, supervised visits when he pays for the supervision may be an approach to consider. To permanently deprive of visitation is tantamount to termination of parental rights that many courts will not do. This is why you need to discuss this with an experienced attorney. Many people have visitation even if in prison. You need to figure out what is in the best interest of your child that the court will agree to. No visitation may be so extreme that a court may not buy it, but the. Again they might.