Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I am a non-custodial parent. The mother of my daughter moved 180 miles away before my daughter was born. I went to court to obtain visitation rights. I have to drive 700+ miles every weekend to see her. I will be having surgery soon and will not be able to drive. The mother’s driver license has been suspended as a result of her having seizures while driving. Under California law, can a judge order the mother to meet me halfway so I can visit my daughter even if she has no license?
A judge will likely not order your wife to meet you halfway if she is unable to drive due to seizures. You may request the mother of your daughter to seek alternative transportation methods to meet you in order to honor your visitation rights.
Alternatively, you may file a motion to temporarily request a modification of your visitation rights to have full physical custody of your daughter until you are done recovering from your surgery. The judge may or may not grant the motion. If the later occurs, you will have to wait until you recover from surgery to visit your daughter.
