My 6 year old daughter does not want to visit infrequent father. Does she have to if he has steady history of not visiting her when it is his time?CA

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My 6 year old daughter does not want to visit infrequent father. Does she have to if he has steady history of not visiting her when it is his time?CA

My daughter lives with me(mother) 80% of time legally. Bio. father visits her 1 out of 6 scheduled visits. Calls drunk to flake on her, hour before or days later. When he does take her he is drunk, custody order says he can’t drink around her or 8 hours before.First time in month she goes with him to his parents.She calls terrified 10:30pm”Everyone is really drunk come get me. Don’t tell him just come he’ll be so mad,”etc. I call to say I’m coming, he’s wasted/cussing on phone in front of her. I call police to come to make sure it’s safe.Now he’s making her go w/him every scheduled visit.HELP

Asked on May 29, 2009 under Family Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Go back to court and change the custody order based on the fact that your ex has violated the order prohibiting him from drinking around your daughter or before visiting her. Be sure and tell the judge that you had to call the police and if possible, bring a police report with you.

I don't know if the judge would take away your ex's visiting privileges, but a solution may be to ask for supervised visitation whereby your daughter is not alone with her father. Perhaps this will sober your ex up and result in more pleasant visits with your daughter.


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