I need to know what my rights are as a father? 7 Answers as of December 14, 2012

I have a 3 month old son, and his mother is asking the court to grant me supervision visitations for 2 hours and every other weekend. I don’t have a major criminal record but a DUI. I am the one that initiate custody after she threaten me she was going to take my son out of the state I live in. I need help.

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Steven Alpers | Steven Alpers
In CA, s he needs to show some evidence to show a reason to limit your visits. It is not sufficient just to say I want supervised visits. An old DUI is not normally enough.
Answer Applies to: California
Replied: 12/14/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Your ex can ask for a lot of things, but it does not mean it will happen. Lots of people have DUI's - doesn't mean you should lose the right to unsupervised custody of your child (unless, of course, the child was with you at the time you received the DUI). Absent any other danger to your son, the court will likely put some restrictions on alcohol use while you have custody and order you to comply with the terms of your DUI; but absent other facts, you should have frequent and continuing contact with your child. He is very young to be having a lot of transitions, so he will need a primary parent until he is older. Let the court know that she is threatening to take the child out of state and ask for an order stating that neither parent move more than 20 miles without the other parent's permission.
Answer Applies to: California
Replied: 12/14/2012
DEHNADI & CONLEY, LLP
DEHNADI & CONLEY, LLP | Ted Conley
She can only get supervised visitation if she can prove you are a danger to the child. The DUI (if issued recently) is the only likely reason this is so and usually only when you have a history of drinking and causing problems such as fights or if you become verbally abusive while inebriated (she would still need to prove this with witnesses and/or evidence). If that is not the case, it will be hard for her to obtain supervised visitation. You should keep regular contact with the child on a weekly basis and be able to take care of the child without outside help in order to maintain your rights. Keeping a daily diary of your activities in this regard is also quite helpful. You will likely want to get visitation orders issued immediately which are maintained by you, so that she is unable to move the child out of state.
Answer Applies to: California
Replied: 12/13/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It would depend, at least in part, upon how recently you were convicted of DUI,?what your history has been with alcohol, whether or not you can legally drive a car at this point, and what rehabilitative programs you are undergoing and have undergone.
Answer Applies to: California
Replied: 12/13/2012
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
See an attorney to discuss your rights. You need to respond objecting to supervised visitation - depends on when the DUI occurred.
Answer Applies to: California
Replied: 12/13/2012
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    This sounds complicated and I would get an attorney in your area. Once orders are made final, it is difficult, but not impossible, to change. You should make sure things head in the right direction early on.
    Answer Applies to: California
    Replied: 12/13/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    File and serve your paternity petition along with action to establish custody and visitation.
    Answer Applies to: California
    Replied: 12/13/2012
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