Legal Question in Family Law in California

My soon to be ex - wife refuses to allow me visitation. What recourse do I have? Is there peticular court forms that I must file? We are attending mediation currently, but at no prevail.


Asked on 9/22/10, 5:37 am

1 Answer from Attorneys

Steven Hertz Hertz Steven H.

You should file an OSC (that's short for "Order to Show Cause") and an "Application for Orders, along with an Income and Expense Declaration, and a written statement about why you should have custody of your child (children). Rather than asking for visitation, show the court why you should have custody. The Law says that the court "Shall consider the following in making a custody and visitation order: . . . which parent is most likely to cooperate with a joint parenting plan." When you make your factual statement show all the reasons you would be the right parent for the job; but always state your reasons in terms of why it's best for the child (children). Always couch your terms of speech such that you are constantly looking for the best for your child, and the court will be more willing to listed to you. Stay away from slinging mud. You already have a good case because you are the father, and there is nobody better than you for that job.

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Answered on 9/27/10, 7:11 pm


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