DO I HAVE TO LET MY SON VISIT HIS SUBSTANCE-ABUSING OUT OF CONTROL FATHER?

QUESTION: Do I have to let my son visit his father if he has substance abuse problems? Our divorce decree says I have full custody of my son. My ex-husband has liberal visitation. He has a drug and alcohol problem and is presently out of control! I fear for the safety of my family! Do I have to take my 7 year old son to him?

MY RESPONSE: I don't know "liberal visitation" means, if that was all that was specified in the divorce Judgment. It is difficult or impossible to enforce "liberal visitation", since "liberal visitation" lacks the specificity required to determine what visitation is required, when, and for how long.

If the Judgment contained more specific language than "liberal visitation", I would need to see the visitation provisions to advise you what you should and should not do in connection with his visitation.

I don't know what conduct your ex-husband has manifested as a result of his drug and alcohol problem, how you know that he currently has a drug and alcohol problem, or what has caused you to fear for the safety of your family, so I can't tell you whether or not you have to take your son to your ex-husband.

The best thing you should do is to consult, if not retain, an experienced Family Law Attorney to review the custody and visitation orders in the Judgment, discuss the specifics of what has been happening as well as what you know and your sources of information, to get the advice of the attorney as to your options.

If you have strong, admissible evidence, your attorney should file an Order to Show Cause to modify visitation, to seek its termination and/or seek orders that your ex-husband's visitation be supervised by a professional visitation monitor, paid by your ex-husband.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |