My 6 year old daughter does not want to visit infrequent father. Does she have to if he has steady history of not visiting her when it is his time?CA
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My 6 year old daughter does not want to visit infrequent father. Does she have to if he has steady history of not visiting her when it is his time?CA
My daughter lives with me(mother) 80% of time legally. Bio. father visits her 1 out of 6 scheduled visits. Calls drunk to flake on her, hour before or days later. When he does take her he is drunk, custody order says he can’t drink around her or 8 hours before.First time in month she goes with him to his parents.She calls terrified 10:30pm”Everyone is really drunk come get me. Don’t tell him just come he’ll be so mad,”etc. I call to say I’m coming, he’s wasted/cussing on phone in front of her. I call police to come to make sure it’s safe.Now he’s making her go w/him every scheduled visit.HELP
Asked on May 29, 2009 under Family Law, California
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Go back to court and change the custody order based on the fact that your ex has violated the order prohibiting him from drinking around your daughter or before visiting her. Be sure and tell the judge that you had to call the police and if possible, bring a police report with you.
I don't know if the judge would take away your ex's visiting privileges, but a solution may be to ask for supervised visitation whereby your daughter is not alone with her father. Perhaps this will sober your ex up and result in more pleasant visits with your daughter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.