Legal Question in Family Law in California

Hello, my sons father has custody of him every 1st and 3rd weekend of each month. He has a history of 3 maybe more, DUI's so the court order states that he may not drink alcohol 48 hours before seeing our son and at anytime during their visit. This last weekend, he was visibly intoxicated, showing all of his usual indications that he was drunk...slurring, swaying etc..His wife went into the house to get our son for me...I quietly took my son, said thank you and left, not wanting a scene in front of him and there's no reasoning with drunk people. The order states that if he violates it, he will not be able to see our son for 60 days and after that must provide a "clean" urine test etc.. i don't have a lawyer, what are my rights? Can I enforce the order myself or was I suppose to call the police and have them concer that he was intoxicated? When I called in the past, they said that they no longer go on calls concerning family court/custody.. I would appreciate any advice. Thank you


Asked on 11/22/11, 9:36 am

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

A careful review of the existing order by a skilled family law attorney is required. The order may permit you without further court intervention to take the steps on suspending visitation and provide for alcohol testing but without seeing the precise language it's hard to provide an answer to you question. You may wish to consider re evaluating the existing court order and parenting plan in light of fathers inability to maintain sobriety.

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Answered on 11/22/11, 11:02 am


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