How can I fight for child visitation and child custody rights? 2 Answers as of July 20, 2011My fiancee in going through this custody battle. He has a 8 year old boy that lives with his mom in California and we live in Washington state. Father has had a case open through child support since child was was a baby. Mother now lives with her fiancee and has a child with him. There was never a parenting plan set. Now my boyfriend has filed a motion to get a parenting plan in the family courts of California. Now she is upset because he want this parenting plan to be set. He wants his son to come to Washington in the summers and on holidays if time and money allows it. Mother doesn't want to because son is scared of coming and crys about it. Father only talks to child when child goes over to visit his grandma. Other thing, father has always kept in contact with child but never close enough to have a good relationship because mother has never allowed it. It has always been when she wants to. Last year he came with his grandma (fiancee's mother) and he didn't seem scared. He wants to have a better relationship with his son. Now she wants to fight full custody for his child but wants my fiancee to pay for child support and help with the medical. It has always been what she wants to do. What are our rights? Can you help?
Michael Rose Attorney at Law | Michael Rose
Yes you can get a visitation plan. Because he does not have a history of seeing the child the plan might be set at a gradual pace starting with just a couple of hours. After the child gets to feel comfortable then the visitation can increase. There is nothing wrong with the mother asking for child support and medical coverage. This is not punishment for anyreason.He is the father and the non custodial parent. He needs to support the child even if there is no visitation.
Answer Applies to: California