Legal Question in Family Law in California

My spouse was honorably discharged from the US Marine Corps. While in the Corps he married and had a daughter out in San Diego, CA where he was stationed. When he was honorably discharged in Sept 2008, he also got a divorce from the mother and moved back to his home out in Jersey City, NJ. The mother (custodial party) now refuses visitation every time he asks for the child to come be with him for at least a holiday or every other birthday of hers. Its been 2 yrs and she still hasn't come to an agreement and has denied him right. He was sending support via Western Union during this time and has the stubs to prove so which she took without question and when it came time for court she said it was "gifts." Which he understands being that if it isn't court order she can say it was a gift, even though it wasn't. As of recently there was a court ordered child support payment that he pays to the County of San Diego. The child is now 4 yrs old and hes been trying to have time with her, but being that he isnt a resident of California he finds little answers or help when he calls for information. Now that there is a court order in full effect, how does he go about filing something for visitation rights? Will he be able to win visitation rights being that he isnt denying support and is indeed paying his dues and wants to have time with her as well? Please help with some sort of info on how to go about doing this and what can he do to see his daughter and now our newborn son, her baby brother.


Asked on 12/15/10, 8:23 pm

1 Answer from Attorneys

Without reviewing the case history, I can't give specific answers, but the bottom line is that there is no real way to effectively handle a case from the other side of the country without an attorney. He needs to get a California attorney who works in the county in which the prior proceedings have occurred.

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Answered on 12/30/10, 8:11 pm


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