Legal Question in Family Law in California

visitation

My fiance is going through a drawn out court battle with his

ex wife regarding visitation of his 2 children ages 14 and 10.

Their divorce is final and she is remarried. They went to a mediator last week. She wants supervised visitation only. My fiance told the mediator that he wanted to see his children everyother weekend. When the mediator agreed and was writing up a plan, she objected and stated that she wanted a hair follicle drug test done. Does my fiance have any rights regarding this? It is the principle of the matter that she

is doing whatever she can to take keep him from visiting his

children. My friend told me that she has cousins who have been in prison for felonies and test positive for drugs and

they still are allowed visitation with their children. He has never been in trouble or even arrested for anything. Can you advise please?


Asked on 12/07/04, 3:14 pm

1 Answer from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: visitation

You sound somewhat defensive when mentioning a friend's relatives in prison who, despite drug use, have visitation with children. Is that to say that your fiance does indeed use drugs? If so, he should stop now!

I presume however, that your fiance does not use drugs, and he should strongly object to any type of drug test. However, you should know that the court has the authority to require drug tests under certain circumstances.

Your fiance really should retain an attorney to represent him. He needs to provide sworn declarations to the court from family and friends who are familiar with your fiance's situation.

There is no reason whatsoever that the mother should be able to prevent the father's visitation with his children. I reiterate,your fiance should retain an attorney to aggressively represent him.

Regards,

Damian Nolan

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Answered on 12/07/04, 6:45 pm


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