Legal Question in Family Law in California
Will the court enforce Visitation
My son's father has sole custody. I am allowed 1 8-hour visit per month. I live in AZ and they live in Ca. I haven't seen my son in over a year and a half because I have 2 warrants and the father won't let me pick him up while I have the warrants.
Over the past year and a half my relationship with my son has gotten horrible. We don't talk more than once every 2 to 3 months and when we do, he wants to hurry off the phone. I told him I was going to get my life together and take care of my warrants so I could start picking him up for my visits and he told me not to bother. He won't go on visits with me anyway. He said he doesn't want to see me for a long time and I can't make him. The father said he won't force my son to go on visits if he doesn't want too.
My question is, my son is 15. Will the court force him on these visits whether he likes it or not, or would I be fighting a loosing battle?
I don't want to go to court because I've not been following the court agreement at all. I owe a lot in child support and the father will use everything he can. But if I have a chance of getting my visits, I will risk all of that.
Please help
1 Answer from Attorneys
Re: Will the court enforce Visitation
The court will not consider your arrears when setting visitaiton orders. It will, however consider your conduct. You will have to start slow, by regaining some visitation time is possible. To have a fighting chance you need to seriously change your life. When and if that happens, your son might be interested in seeing you again. Take care of yourself first. It is usually not a good idea to discuss your challenges with your child. Phone calls to 15-years-olds are always brief, unless of course you're in high school. You should consider retaining an attorney.
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