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What should be done if father does not visit child for 5 mnths? and father moved 4-5 hrs away? Child is 1& 1/2 Please help!!

San Diego, CA |

Our court order from a year ago was father has visits for 2hrs every other day.When he turned 1 we agreed to 4hrs a day.father was inconsistent.Court order was not changed.father then moved 4-5hrs away.The last visit he had I had to call the police because he did not want to return my son back & made threats in kidnapping.This was not the first time he was made threats to me or my son,he bully's me & is mentally/emotionally abusive to me.I'm so frighten & hopeless! I have tried my best to compromise w/him. My son would cry when I use to leave & would be crying when I showed up to pick him.He is constantly threading me.I have notify police & was told nothing can be done unless he attempts to.I love my son he means the world to me I cannot live without him.Please advise me on what I can do

Attorney Answers 3

  1. If there is a change in circumstance, you could seek a modification of the court order. Especially since the non-custodial parent lives 4 hours away, daily visitation (and the daily driving back and forth) probably isn't the best option. If the father is not exercising his visitation, and since he moved further away, his visitation should be reduced. Similarly, if the father's visitation is reduced, his child support should increase (all other things being equal).

    Disclaimer: This answer does not constitute legal advice, and should not be relied on. Each state has different laws, and each situation is fact specific. Without an in depth consultation and analysis of all relevant facts and evidence, it is impossible to fully evaluate a legal problem. This answer is not intended to, and does not, create an attorney-client relationship.

  2. You should seek a modification based on the best interests of the child. The threats, harassment, and failure to exercise placement all will work to your advantage.

  3. You need a modification of your court order. It is unmanageable the way it is written. Also as your chick grows the needs of an infant change and they grow from baby to toddler to child. These can be considered enough of a change of circumstances for the court to modify your order. Good luck.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us at 858-720-8250 or by email at Contacting us does not create an attorney-client relationship unless we are retained.

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