Legal Question in Family Law in California

Visitation Rights

I have a good friend whose ex-wife is refusing to let him see his son. The divorce agreement states visitation as every other weekend with rotating holidays. He has tried to discuss it with her on numerous occassions but she will not return any of his phone calls. I suggested that he go to the District Attorneys office due to the fact that she is breaking a court order. He claims that it wouldn't do any good since the ex's family is basically the wealthiest family around and own half the town, not to mention alot of DA's themselves our clients of his ex. I wish I could tell him to just have faith in the system but through what I have seen happen as far as his case goes I don't believe that to be true. Can you please help me be able to give my dear friend some answers as to what he should do?


Asked on 2/22/02, 6:41 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Visitation Rights

he must file an OSC re contempt if he ever wants to see his child again.

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Answered on 2/22/02, 9:25 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Visitation Rights

It is a pretty serious violation of California law to prevent visitation of children and could cause a change of custody. He should consult with an attorney. If he feels that he will not get a fair hearing, he may want to discuss that issue with an attorney and determine to move the court for a change of venue. I would suggest that this would not be necessary. I have sufficient confidence in the system that he will be able to find an imprartial judge as well as an attorney who is willing to protect his rights. The district attorney normally does not get involved in child sharing/visitation issues, therefore, he should expect no assistance from that office. He will need his own attorney. Good Luck, Pat McCrary

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Answered on 2/23/02, 1:28 pm


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