Legal Question in Family Law in California
unfulfilled visitation
To whom it may concern:
The father of my child and I have an agreement through the D.A.'s mediator about visitation. However, he has not fulfilled parts of it. For example, he is supposed to have our child half of the school holidays and half of summer vacation. He has not done it and has just informed me that he will be unable to get him for the summer as agreed upon. What are my options? We have already been to the mediator about three times and he never fulfills it. Can the D.A. "up" the child support since he gets him less? What can I ask the D.A. to do since I know no one can force him to see his child. Please help. Thank you very much.
2 Answers from Attorneys
Re: unfulfilled visitation
Yes, if there is a significant change in the visitation time you can make a motion to adjust the support.
Re: unfulfilled visitation
You may request the District Attorney's Office to increase the support order by filing a motion. The basis of an upward modification will be the actual percentage of father's visitation. Other than that there will not be any way for you to force the father to exercise his visitation right. If you have any additional questions you may contact me at 310-839-7700 for a free initial office consultation.
Sincerely,
Nina N. Gohari, Esq.
Attorney at Law