Legal Question in Family Law in California
Modification of Visitations
Childrens father has decided to no longer continue with his visits. Last time children had a visit with there father was 12/29/04 and did not show up for his visits in January and Febuary 05. His excuses for missing his visits was that he was busy or had forgot.
I spoke to there father in March 05, which was the last time he called and I had asked him when was he going to start picking up the kids? He then tells me that he feels that the kids do not want to see him, therefore he was not going to bother them and when they are ready to see him, they then can contact him.
I found it strange that he would say that after he had told me that his wife was expecting there second child. The kids were making progress in getting reaquainted with there father and now his sudden decision to stop seeing the kids has left them angry and confussed.
My question is how would I go about modifying his visitations? The children are currently resilient in seeing there father and I feel that he is doing the kids more harm then good if he continues to come in and out of there lives.
2 Answers from Attorneys
Re: Modification of Visitations
You would need to do a motion or an osc depending upon the circumstances. If you are in Southern or Central California you may call me for a free consultation at 818.739.1544 ext. 15. My family law website is www.divorce-legal.net
Re: Modification of Visitations
You could ask him to sign a stipulation that his visitation will be at the request of the children. He maybe willing to sign the stipulation to avoid the inconvience of going to court. If you file a motion or osc as suggested by Mr. Fernandez the court may increase his child support base on the reduced per cent of time the children are with him.
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