Legal Question in Family Law in California

Visitation Rights

The father of my child, whose 6 months old, has decided to take me to court for visitation. As of right now he comes to see her once a week for a few hours, which he just recently started to do. I have constantly told him that he can come over whenever he likes and that his parents are more than welcome to come see her whenever they like and of course they have never come. When he does start taking her, she will be staying with him at his parents house, so I thought it would be a good idea for her to get to know them first. Her father and I agreed that he needs to start seeing her on a more regular basis in her home before he takes her, that way she can get to know him (she still cries when he comes over) and then we could try letting him take her for the day, but not overnight until she's older. Basically I am trying to ease her into this, she doesn't know him. Well, he hasn't helped out financially and hasn't ever brought her anything so I filed for child support, which still is an open case, and now that he knows his child support would be less if he has visitation, he's going for that. He is completely selfish and does not think of her best interest. My quest is will a judge let him start taking her on the weekends right away?


Asked on 9/24/04, 1:15 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Visitation Rights

That would depend upon the judge in your case. There is no consistent rule. Full weekend visitation would not generally be good at this time. Generally, the plan that you outlined is a good one, however, if he has seen her a few times maybe you should take her to a place outside the home which she is familiar with, where she can visit with him and then you quietly withdraw. The transition from one parent to another is traumatic for every child, so expect that there will be crying for a while. There are other suggestions that a family court services counselor can make, or an experienced family law attorney can make. I suggest you use both resources. Good Luck, Pat McCrary

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Answered on 9/24/04, 3:52 pm


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