What Do I Do?

My question involves a child custody case from the State of: California



My childs father and I have a child support order established when we went to mediation stating he is to pay 402.00 a month .... he got away without paying back child support 7 years because he was in jail. In the mediation I agreed to have him see my son every other weekend and take him if he wanted since he had been 2 years "Clean" ...lately he has been giving us trouble since now i am married and had a baby. He is not picking him up on the weekends he is suppose to get him (mind u its not a child custody order) and when he does its been several times where i have to pick up my child from his sisters house(where he lives) because he refuses to drop him off. My son goes to school so his dad wont take him to school because "he has to work early so he can't drop him off" and will stay at home with his aunt untill dad gets off and brings him to our house.... For fathers day i found out he no longer lives at his sisters house and took my son who knows where (I still dont know where he lives) for that weekend and refused to bring him home I was scared off my mind. I then threaten him to either bring him home or else i would make a scene at his sisters house. HE finally agreed to bring him home ... he never calls my son during the week to find out how he is doing its like he picks him up to have "FUN" and thats it... HE took the kid to LAS VEGAS, NV to vacation and my son told me that my son ended up baby sitting his girlfriends two children a 5year old and a 2 year old in the hotel room all alone and he came back drunk saying he lost so much money... what kind of a dad is that? HE then came to my house today and demanded to see my son ... I and he called the police and they said since he has no proof of custody he has to leave my house but i know him he'll try to fight it .... what do i do?

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Quoting aportillo8

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My question involves a child custody case from the State of: California



My childs father and I have a child support order established when we went to mediation stating he is to pay 402.00 a month .... he got away without paying back child support 7 years because he was in jail. In the mediation I agreed to have him see my son every other weekend and take him if he wanted since he had been 2 years "Clean" ...lately he has been giving us trouble since now i am married and had a baby. He is not picking him up on the weekends he is suppose to get him (mind u its not a child custody order) and when he does its been several times where i have to pick up my child from his sisters house(where he lives) because he refuses to drop him off. My son goes to school so his dad wont take him to school because "he has to work early so he can't drop him off" and will stay at home with his aunt untill dad gets off and brings him to our house.... For fathers day i found out he no longer lives at his sisters house and took my son who knows where (I still dont know where he lives) for that weekend and refused to bring him home I was scared off my mind. I then threaten him to either bring him home or else i would make a scene at his sisters house. HE finally agreed to bring him home ... he never calls my son during the week to find out how he is doing its like he picks him up to have "FUN" and thats it... HE took the kid to LAS VEGAS, NV to vacation and my son told me that my son ended up baby sitting his girlfriends two children a 5year old and a 2 year old in the hotel room all alone and he came back drunk saying he lost so much money... what kind of a dad is that? HE then came to my house today and demanded to see my son ... I and he called the police and they said since he has no proof of custody he has to leave my house but i know him he'll try to fight it .... what do i do?

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Visitation orders are strange things- the order requires you to have the child available at the days and times that are ordered. However, the NCP is not legally required to actually see the child at all. Basically, visitation is a right, not an obligation.

How old is the visitation order, and how long has he not been exercising his rights? If it has been awhile, and you can document his not using his visitation, you could try to go to court to have the order modified.

Until a court modifies the order, you must allow him to take his child on the days that are ordered.