Legal Question in Family Law in California

As a step-parent am I legally bound to comply with my step-son's mother for her court ordered supervised visitation? My husband is in the Navy and deployed to another state temporarily. The mother has had no contact with us for the past 7 months, therefore has showed no interest in seeing her son or paying child support. I have temporary guardianship until my husband returns in July.

I would just like to know if I'm obligated to comply with the order if she was to contact me while my husband is away.


Asked on 2/02/11, 9:51 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Visitation is for the best interests of the child. Supporting a non custodial parent's contact is in the child's best interest. I do not know what the court order specifically says to address the child's access to the other parent. I am assuming that refusal to allow the child to have contact with the non custodial parent could be in violation of the court order. You really need an attorney to review the parenting order and help you find the best approach to this situation.

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Answered on 2/08/11, 3:52 pm
PATRICK MCCRARY PATRICK MCCRARY

You must remember that she could bring a motion to modify the custody to give her primary custody while your husband is deployed. There is a very strong presumption that a parent would receive custody over a non-parent (even a step parent). Tread lightly and get the advice of a custody attorney before responding to the mother's contact, but don't delay. Maybe that consultation should be before she makes any contact, if she hasn't already. Good Luck, Pat McCrary

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Answered on 2/09/11, 8:48 am


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