I have a 2 year old daughter. Her father has visitation rights. He has decided not to see her any more because I will not reconcile with him. He has not shown up for the visitation for the last 5 weeks. If he comes around and wants to see her again, do I have to let him? Or can I just tell him to take me to court for new visitation rights? What is the law regarding this? I dont want him to disown his daughter and then keep showing up when ever he feels like it. That will damage her. She is finally over not seeing her dad. Do I have to let him see her?? Or his family for that matter, if they want to see her do I have to let them? I am in California
2007-08-08 06:05:03 · 8 answers · asked by hazeleyes_127 2 in Politics & Government ➔ Law & Ethics
I think you need to talk to your attorney about this . This is very complicated . good luck .
2007-08-08 06:08:34 · answer #1 · answered by Kate T. 7 · 1⤊ 0⤋
Okay, first, if her father has visitation rights, he has visitation rights. Period. He is in possession of court papers that allow him certain periods of time with his daughter. You should not prevent him - you can be found to be in contempt for failing to follow a court order. There is no law that says he has to visit just because he has the right, however if he has the right, he can exercise it. She's 2, and she isn't "over" anything. You refusing to allow him visitation isn't about him and her - it's about you. Stay out of it. If you have to interfere, then get a new court order. Good Luck.
2007-08-08 06:18:24 · answer #2 · answered by working mom of 3 4 · 0⤊ 0⤋
First off from experience, do take the high road, cause your daughter will figure things out for herself when she gets older and respect you. He has visitation rights from where? the court? If there is an Order you better follow it until you get attorney advise and this is from someone in the legal field. And you better check into "grandparent's right" in CA. Call an attorney for a "free initial consultation". or legal aid in your area.
2007-08-08 06:19:32 · answer #3 · answered by hopespringsanew 2 · 0⤊ 0⤋
Until the court orders a revision of visitation rights - you must stick with the current agreement in order to not be held in contempt of court. Visitation agreements do not usually apply to other family members. Your husband is playing a dangerous game by using your daughter to get back at you. It will most certainly backfire on him in the end. Don't play along. If he does come to visit, be gracious and allow him to see your daughter if it is one of his scheduled times. If her grandparents or other family members ask to spend time with her please allow it for your daughter's sake. DO NOT fall into his trap of using your daughter as a bargaining chip. Taking the high road will pay off in the end.
2007-08-08 06:13:05 · answer #4 · answered by arkiemom 6 · 0⤊ 0⤋
"If he comes around and wants to see her again, do I have to let him?"
If he comes around during the times stipulated in the visitation order the answer is yes, or face a contempt of court citation.
"Or can I just tell him to take me to court for new visitation rights? "
You can do that also. And when he does, he'll file a show cause for contempt of a court order and a motion to modify custody for interference with his parental rights.
Many states have already ruled that continued abuse of the court ordered visitation rights of one parent by the other is grounds to modify custody to the offended parent.
"What is the law regarding this?"
California courts are very child-friendly. In other words, if either parent plays games with the court order the court is likely to step in and modify custody based on the abuse.
A law school roommate of mine recently won custody for his client (father) when the ex-wife and child's mother took her out of the country for the summer while he had a full three months visitation which was court-ordered.
Are you willing to take that chance?
"Do I have to let him see her?? "
If he has visitation rights per court order the answer is simple, Yes.
His family is another matter. While you can't regulate who he takes HIS daughter around without specific restrictions placed on him by the court, you CAN regulate who your daughter sees while in your custody.
"f they want to see her do I have to let them?"
Not unless she is with her father. Otherwise, and absent specific language to the contrary, you have continuing and exclusive control over with whom the child socializes.
2007-08-08 06:30:11 · answer #5 · answered by hexeliebe 6 · 1⤊ 0⤋
I would suggest that you talk to your attorney since he is apparently not keeping up his end of the deal. Be sure you keep track of all of his missed visits as well...doesn't look very good on his part. If you deny his visitation, then it may look bad on you, but do talk to an attorney.
2007-08-08 06:12:41 · answer #6 · answered by squishy 7 · 0⤊ 0⤋
Yes, but if he has a date/time and then is a no show, go back to court and reduce the visitation. If he isn't paying child support you may want to have his parental rights revoked by the state.
2007-08-08 06:09:17 · answer #7 · answered by Anonymous · 0⤊ 2⤋
I think her father is an *** !!!!!!!!!!!!!!!!!!!!!!!!!!
2007-08-08 06:13:05 · answer #8 · answered by AVENGER 2 · 0⤊ 1⤋