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Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33907
Experience:  16 yrs. of experience including family law.
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I live in Ca. My ex is threatening visitation. He just got

Customer Question

I live in Ca. My ex is threatening visitation. He just got married. She's an ex-felon and drug addict. He got arrested last summer for drugs. I believe there were drug raids at there home as well but nothing was found. What are there chances?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I believe he has a domestic violence on his record as well in Nevada. Wife was in prison for robbery. supposedly she is clean and sober today
Customer: replied 1 year ago.
he doesn't pay child support to me or his sons mom.
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma. But not sure I understand...you want to know the factors the court will consider for visitation?

Customer: replied 1 year ago.
with their history can they get visitation
Expert:  P. Simmons replied 1 year ago.

Thank you

First it is important to understand that it is visitation with HIM not THEM.

That is, the court will grant visitation IF dad can show that visitation would be good for the child.

And the court presumes this (presumes that visitation would be good for the child)...so really the question is "is dad's circumstances so significant that the court can justify not allowing him to see the child).

Frankly, short of him being convicted of abuse of the child I doubt that the court will refuse him visitation.

That said, with her record and his interactions with law enforcement, I would also expect the court to be cautious. Perhaps grant supervised visitation up front...and expand if he demonstrates that he is not a danger.
But what you are describing, I would expect the court to give him SOME time with the child

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the court will refuse to let him see his child but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.