Full question:
I have full physical custody of my son. His father re married and my son has accused his wife of hitting him and mis treating him . My son was 3 at the time he is now going to be 5 in January . I filed an ex parte, police and cps were involved because I was worried for my son. However, since I did not let my son go with his father until our court hearing there were no physical evidence of child abuse. My son's father also has another child the same age and both the mother and I have been in good communication for the kids. She also took him to court for domestic violence. He has moved to arizona and wants to arrange a schedule to have our son on holidays and vacations. I have never met his wife and have no phone number or address. I feel for my son's safety. What are his rights and how can I keep the judge from allowing him to go to arizona?
- Category: Divorce
- Subcategory: Visitation
- Date:
- State: California
Answer:
As of now your rights are as stated in the divorce documents. Since he has moved out of State there may be a need to modify the divorce papers since the provisions probably no longer apply. If you and he can agree on something you agree to that would be ok. But if you are truly afraid for the welfare and safety of the child for the reasons you State, you may want to see a local lawyer or lawyer who represented you. In your question you seem to say that you have already a Court hearing and since there was no evidence nothing happened to preclude visitation. This could have a bearing on whether you can now go back to Court. You need evidence. One thing is clear. You are entitled to know where the child is when visiting so you need the address and how to contact the ex.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
