Irvine, CA asked in Family Law and Child Custody for California

Q: Will I get visitation if reunification therapy failed?

I haven’t had visitations with my 2 kids 8 and 10 years old in almost a year now. Visitation were originally taken away from me because the mother claimed some accusations that I was hurting my children which wasn’t true. Minors council was appointed and the minors council said that since my children are fearful of me he thinks it’s best to do reunification therapy and once the therapist advises I should get visitations back then he would allow it. Well reunification therapy failed because my daughter of 10 years old started crying on first zoom call after the therapist asked her infront of me if she remembers any bad memories from being at my place and she stated a few things were she said I hurt her. I blamed the mother for the false accusations and the the therapist gave me a warning stating that if I kept accusing the mother of such things and didn’t focus on the reunification part of the therapy he would end the call. He ended the call and said we wouldn’t be continuing therapy.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In cases involving child custody and visitation rights, the court's primary concern is always the best interests of the children. If reunification therapy has failed, it does not automatically mean that you will be denied visitation rights, but it does present a significant challenge.

Your next steps should involve demonstrating to the court that you are committed to addressing the issues that led to the failure of the reunification therapy. This might include seeking individual therapy to address any personal issues and to understand the concerns raised by your children.

It's also important to work closely with your attorney to present your case to the court effectively. Your attorney can help you understand the specific factors the court will consider and how to best demonstrate that you are working towards being a positive presence in your children's lives.

Remember, each case is unique, and the court's decision will be based on a variety of factors, including the children's ages, their expressed wishes, and the specific circumstances of your case. Being open to the court's guidance and showing a willingness to take necessary steps can be crucial in these situations.

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