QUESTION

When can I deny vistiation to the non-custodial parent

Asked on Nov 23rd, 2015 on Child Custody - California
More details to this question:
I am the sole legal/physical custodial parent of my children. Non-custodial parent has been in/out of jail for the past 5 yrs for drugs. Currently, court order states visitation is to be determined between both of us. There is no specific schedule. He was having frequent visits with them every Saturday from about 11-7:30pm. This is following his release from a prison stay that lasted 7 months. He was released in May and got picked up again in November (this year), for possession of a controlled substance, violation, and driving on a suspended license. He was released and the case was dismissed. My question is, based on our current order, can I not agree to allowing him to see the children? I have since discovered that he has been driving them, which we agreed he wouldn't due to his license being suspended, and he is telling my 6 and 5 year old to lie to me about it and I am worried about their well-being. I don't trust that he is clean and my kids are struggling with his inconsistency.
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1 ANSWER

Family Law Attorney serving San Rafael, CA at Richard Helzberg
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You need to file a motion so that the court order reflects what you want.  You can hire a lawyer or go to the courthouse in your county and see the Family Court Facilitator.  That person is a lawyer, but there is no fee for that person to help you with the process.  You will be referred to Family Court Services after your motion is filed, and you can explain to the mediator what you want and why, and the mediator will send a report and recommendation that the judge will have before the hearing.
Answered on Nov 24th, 2015 at 10:20 AM

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