Do i have the right to meet the person who is watching our child when my ex-husband is not around.

I been denying my ex-husband because he works on the weekends that he is suppose to be spending it with our child. He leaves for work and leaves our child at home with his girlfriend and their two kids. I am concerned for the safety of our child because her and I have never got along with each other. My ex-husband filed a motion for contempt because of me withholding visitation. Cant i withhold visits because he should be spending time with our child not working.

Los Angeles, CA -

Attorney Answers (2)

Cathleen Elisabeth Norton

Cathleen Elisabeth Norton

Family Law Attorney - Beverly Hills, CA
Answered

No, you cannot withhold visitation under the facts you describe. If you are concerned about the girlfriend watching your child in dad's absence, then the proper course of action is to file an OSC to modify the custody plan since the court intended the dad to spend time with his child, rather than have a third party babysit while he is at work.

That said, you need to hire an attorney to defend you in the contempt action. The stakes are much higher in a contempt action since it can result in jail time. And even if that doesn't happen, the mere fact that dad alleges (and you essentially admit) to withholding the child is not good at all. Just because you believe your reasons are justified does not mean the judge will agree with you. Please proceed cautiously and at least consult with an attorney. Good luck to you.

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Michael Charles Schwerin

Michael Charles Schwerin

Family Law Attorney - San Jose, CA
Answered

You cannot withhold visitation because you do not like who he has for a babysitter. You can file a motion with the court asking that the person not look after your children and state your reasons why. He can respond and the judge will make the decision. Your withholding of the child subjects you to a contempt citation.

Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation... more

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