Legal Question in Family Law in California

Order for no visitation rights

In short I failed to submit my response to the court for custody of my child and she served me with an order for no visitation but at the same time I filed an order to show just cause to get full custody of my son because she is on welfare, has no job and refuses to use my Medical insurance. Have I done the right thing and is there anything else I should do we have a mediation date on the 28th before our court day in July. What else do I need to file or obtain to strenghen my case against her. I have a full time job and I'm getting married next May but I do have a record and I'm currently taking care of that. Do I have any rights until my court date in July?


Asked on 6/14/06, 12:31 pm

2 Answers from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: Order for no visitation rights

I think you are very lucky to have a mediation coming up. Don't muddy the waters at this point. Just save your arguments for the mediator. Please get an attorney to assist you in the mediation. As I understand it, you are concerned with visitation rights and, although you did not mention it, child support.

Be sure to have your documents available to reveal your finances and be ready to prove that you are a good candidate for child support, in other words, a decent, peaceful man. Volunteer to have visits monitored by Child Protective Services or the local police if the mediator does not want to give you private visitation. After you create a history of peaceful visits with a monitor you will be trusted with private visits. Of course, you will do better if you have an attorney, but I am just giving you the downside so you won't get upset at the mediation.

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Answered on 6/16/06, 8:27 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Order for no visitation rights

If you are unsure that what you have done is sufficient you should retain an attorney who can ask the appropriate questions and prepare the appropriate pleadings and declarations. If this issue is important to you then you should give your best effort and the means competent advise from a professional. Good Luck, Pat McCrary

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Answered on 6/14/06, 5:50 pm


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