Richmond, CA asked in Family Law for California

Q: Hello. I need help filing for supervised visitation for son’s father who is a drug user. Is it a long process?

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1 Lawyer Answer
Andy Cook
Andy Cook
  • San Diego, CA
  • Licensed in California

A: No, it shouldn't be. It sounds like an emergency, so the Court should hear you on an emergency basis, which usually means within two business days or less, provided you have proof of the use; or other evidence -- like declaration(s) from eyewitnesses who saw the drug use; an admission from the father that he is using illegal drugs, a declaration from you that you recently saw the drugs and have knowledge what the drugs in question look like (and where you found the drugs); or other admissible evidence. You may or may not have to tell the father that you are going to court on an emergency basis.

I am assuming that you are the other parent not a third-party.

If you are asking for supervised visitation, the court will have to decide whether the visitation is professionally supervised or may be supervised by a mutual acquaintance and who that acquaintance should be; and if it is professionally supervised, who should pay for it.

But even if the court awards you supervised visitation for the father, there will have to be a follow-up hearing where the court has more time to listen to both sides of the story.

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