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Can I refuse the absentee Father from visiting my child? What legal rights do the father and I have in regards to visitation?

West Covina, CA |

The father of my 9 yr old daughter wants to visit her. He has not seen her for 19 months and that day was only for 1-1/2 hrs. For almost all of my daughter's life she has not known her father. She knows of him but doesn't really remember or know him. He visits one day for a few hours, and then doesn't call her, or see her for 1 yr (sometimes 2 -3 yrs go by without contact). I filed for custody when my daughter was 6 months old. Unfortunately it was in the wrong county and I had to file a transfer. I paid my transfer fees but he did not pay his. So I guess the case is in limbo??? What do I do? Should I let the father see my daughter? Its hard for me to watch him tell her he loves her and misses her and then he doesn't acknowledge her existence for years at a time.

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Attorney answers 1


You can do anything you want and I completely understand why you feel the way that you do. However, denying the father such minimal visitation could be raised by him at a later time to make you look unreasonable. Furthermore, it is in the best interest of the child to have a relationship with both parents and one can always hope that he will break his pattern and begin to see the child on a more regular and frequent basis. It is generally in the best interest of a child to have a relationship with both parents. Therefore, try and push your personal feelings aside.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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