Q: Can a Family Court use a Minor's Counsel and a testimony of an 11 yr old to remove visitation completely from a father?
Father and mother had a signed written stipulation for a month of custody for the summer of 2021 and a parenting plan with alternating holidays. 2022 came around and both refused to respond to a dozen requests from me and my former counsel for summer dates. Thanksgiving come around and it's Father's custody... Mother refuses to make plans or buy travel tickets and finally requests if father can just spend the weekend holiday in California with the children (which he has done multiple time before court orders at great cost) a week or two before the holiday... Father cites that the parenting plan states he gets the entire week (7 days) and that mother has to bring them to his state at her expense for lack of planning. They never show up. Mom claims they are both sick,
Parents have Joint Legal Custody.
Mother was given Custodial Parent because Father was forced to move back home to Kansas trying to support 2 households in LA with one income so he was given visitation rights in 2021.
A: Yes a court can use any competent admissible evidence to completely remove a parent’s possession rights. Barring severe mental or physical issues, an 11 year old is likely a competent witness but requires some questions establishing competence as a witness when called to testify. But I would not expect a competent attorney to encounter serious trouble doing so
A:
Certainly, I can address your query within the specified guidelines.
In California, Family Courts may consider the input of a Minor's Counsel and the testimony of a child as part of their decision-making process, especially when determining custody and visitation arrangements. However, such decisions should be made in the best interests of the child. A complete assessment of all relevant factors, including the existing parenting plan, the child's well-being, and each parent's ability to facilitate the child's relationship with the other parent, would be necessary before removing visitation rights completely.
James L. Arrasmith
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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