Legal Question in Family Law in California

visitation

My daughter went to court to get child support and settle visitation rights for the father of her child. Every thing was settled and visitation was every other weekend from 10am to 6pm SAt and sunday (with no overnite) The father to come here,where she lives, and for my daughter (every other weekend), also, go take the baby to him. The problem is, that they live in different cities that are 124 miles apart. He travels and stays overnite at a motel in town. My daughter has been trying to do the same thing. The problem is that she is under (and has been for a long time) a doctors care for mental problems and is on social security disability and on strong medications including a narcotic for pain. The doctor has told her not to drive, but the father of the child is uncompromsing and insists she drive up there with the baby. Her doctor has given her a signed statement stating that with her medications and her condition she cannot drive, especially that distance.

CAn she refuse to drive up there with the baby even if the court order says she has to? What can she do? Thank.


Asked on 9/15/02, 3:52 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: visitation

If your daughter's doctor his told her not to drive due to medications and her conditions, she is endangering the life of her child driving with the child and she should not drive with the child under any circumstances. She should go back to court and modify the visitation order considering her physical condition. Talk to an attorney about this, she may be getting herself in a heap of problems. Good Luck, Pat McCrary

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Answered on 9/16/02, 10:14 am


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