Legal Question in Family Law in California

My son is 9 years old. His father hasn't been in his life since he was 8 months old. Now, 9 years later, he decided to e-mail me and request to see his son. My husband of 6 years has been the only dad my son knows. His father has never made any attempts to contact my son. He was grated by the courts supervised visitation but never went. He didn't even show up to our last court hearing. Can he be allowed to come into his life after so many years?


Asked on 6/15/11, 7:05 am

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

The answer is probably yes. However, I would suggest that the normal introduction of Father into the child's life would be with a counselor. I would suggest that an appropriate method would be the child has meetings with a counselor. The counselor can then advise you how the introduction should be made to Dad and that would probably be in the counselor's office and when the child is ready for that introduction. They continue to meet until the counselor says that child is ready for outside contact. After the counselor ways the child is ready, they meet outside the counselor's office in a supervised setting until counselor says child is ready for unsupervised visits. Dad pays for counselor. This counselor driven reintroduction is much better than a court ordered plan as the counselor can make decisions based upon your child, not just some random estimation by the legal system. If you need names of counselors or more information please feel free to call my office for a no charge telephone consultation. Good Luck, Pat McCrary

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Answered on 6/15/11, 7:25 am
Arlene Kock Law Offices of Arlene D. Kock APLC

The focus for the court shall be on what is in the best interests of the child per California law. Carefully structured supervised contact between father and child might be the first conservative step. You made no mention od child support in your question, If you have not reviewed or modified support for all these years, it might be a good idea to invest in some time with a local family law attorney in determining if an upward modification of child support would be appropriate.

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Answered on 6/15/11, 7:36 am
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

There are a lot of factors here, such as why visitation was monitored in the first place. Also, we would have to see why he hasn't been in the child's life for the last 9 years, especially if he has known where you are. If it turns out that it is not in the child's best interest that he be back in your child's life, then you would have to file to have your current husband Petition for a Step-parent adoption, and as part of that, attempt to terminate the parental rights of the natural father.

BARRY BESSER

www.besserlaw.com

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Answered on 6/15/11, 10:14 am


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