QUESTION: My ex husband currently lives in Gresham OR and was awarded during our divorce 5% rights to our son. Our son and I live in California. My ex has rarely called and has only come to visit about 6 times in 4 years. What rights does he have to our son with only 5% rights.
MY RESPONSE:
You should read the language in the Child Visitation Order (or Judgment).
Your ex-husband is entitled to the visitation rights set forth in that Judgment.
If it merely allows him to visit with your child/children for 5% of the time without specifying where and when that visitation can be exercised, I would suspect that the 5% was set forth merely for purposes of calculation of Child Support.
If your ex-husband asks to visit with the children, I would suggest that you try to work out reasonable terms for his visitation.
A Child Visitation Order (or Judgment) that doesn't specify where and when the visitation should be exercised, or at least provide a vehicle to enable visitation to be arranged is likely unenforceable, so if your ex-husband and you cannot work out reasonable terms for his visitation, he would likely need to file an Order to Show Cause in the divorce case to seek specific visitation orders.
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 |
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