Desert Hot Springs, CA asked in Family Law and Child Custody for California

Q: Can the a judge order to cancel overnight visits with the dad?

My custody order is my son(age 7) gets alternate weekends with his dad. He gets picked up on Friday from school and I pick him up from his dad’s place on Sunday at 6pm. My problem is that his dad lives in 1 bed apartment. He has a wife and she has 3 kids. She has 2 girls(age 3 & 10) and 1 boy (age 8). They have one baby together and another on the way. The apartment has a total of 8 people with my son. When my son goes there he either sleeps on the floor, couch,or shares bed with his older stepbrother. I live in a 2 bedroom apartment with my husband and son. My son has his own room with me. My son doesn’t have his own space at his dad’s and especially not his own bed. Would like to avoid overnight visits with the dad.

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1 Lawyer Answer
Anthony Regner
Anthony Regner
  • Divorce Lawyer
  • Fairfield, CA
  • Licensed in California

A: The short answer is yes, a judge can make that order. However, you would need to present more than you have here to convince most judges to make that order. The child's health, safety, and/or welfare must be at risk. Arguable, so many people in such a small place could fit that criteria. But with the court's very strong policy to keep children with their parents, and with the nominal time he spends with his dad, you would likely need more to get such an order.

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