My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.
Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
This is enough to modify child custody to stop dad visitation. While the Supreme Court has ruled that kids need to be dragged kicking and screaming to visitation, if there is severe mental stress, then this is different. Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation
may be granted by the Court.
In this case, even if the dad has not been actively abusive, the situation is dire an NOT in the child's best interest. Mom needs to file a MODIFICATION and ask the Court to limit visitation to a few hours a week only, under a third party guard.In the alternative, the child can petition for emancipation. See here for a FAQ and step by step...http://www.courtinfo.ca.gov/selfhelp/family/emancip/emanqa.htm
Best of luck in your matter. I'm here if you need any more clarification or follow up information.
I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.
There is no fee for follow up questions should you wish to continue in this thread.
Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.
There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
If you feel that I went an extra step to help, a bonus would be appreciated!
You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”