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.

Related Topics:
1 Lawyer Answer
Anthony Regner
Anthony Regner
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.