QUESTION
What if i don't want the non-custodial party to have anything to do with my child
Asked on Jan 22nd, 2016 on Child Custody - California
More details to this question:
It's been 3 years and my child is 3. The non-custodial party has not try to contact her in any way or form. In the court papers, the only way for him to visit her is through child care which is supervised. So far, he has not made any appointment to see her or try to support her. I am planning to move out of state but in order to do so, I need his agreement through mediation. I am kind of disappointed in the non-custodial party since he had not made any contact whatsoever but I do need an approval. I am not and will not be happy if he gets visitation especially since he has not made any contacts out of the 3 years with my child. So my question is, how do I get to move with my child without having to give the non-custodial any contacts or visitation
1 ANSWER
Family Law Attorney serving Suisun City, CA
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You may not prevail on a request to prevent him from having any contact. You should be permitted to move, however, without his permission but with a court order. The court will likely award him some type of visitation after you move, which he may or may not exercise based on his history. You should tell the court that you are requesting a no-contact order right now due to his prolonged period of voluntary absence and the fact that you feel that it will be confusing and traumatic to the child to suddenly have him reintroduced, only to fall out of her life again. The court may or may not grant this request. The child is very young and it would be a very difficult call for the court to essentially exclude one parent from the child's life forever at this age. I would recommend that you consult with an attorney in your area for further guidance.
Answered on Jan 25th, 2016 at 1:14 PM