Carol Burnett's Daughter Shut Down in Emergency Plea for Visitation With Son Despite Claim She's Sober
Carol's daughter suffered a huge setback in court.
Apr. 25 2024, Published 11:30 a.m. ET
Carol Burnett's troubled daughter Erin Hamilton will not be able to attend her son's graduation in person or have communication with him for months — after a judge denied her emergency plea for visitation to be reinstated.
According to court documents obtained by RadarOnline.com, a Los Angeles Superior Court judge denied Erin's motion that requested she be allowed to see her son Dylan.
Erin said her mom has iced her out.
In 2020, Carol and her husband Brian Miller filed to be appointed co-guardians of Dylan. The comedian claimed her daughter had struggled with addiction issues for years and was unsuitable to be a proper parent.
The court granted Carol's petition and named the entertainer co-guardian until she hired a third party Jodi Montgomery to take over the role.
Erin says she's been sober for months.
As part of the guardianship, Erin was awarded monitored visitation with Dylan via Zoom. The visitations were suspended after the court-appointed lawyer representing Dylan claimed Erin broke the rules and hung out with Dylan when he was spending time with his father — which was against the court order. The lawyer accused Erin of acting "erratic."
As we first reported, Erin recently pleaded with the court for an emergency hearing. She said the current hearing was scheduled for September after being pushed back multiple times by the court. Erin said she would miss Dylan's graduation and it would be a whole year since they spoke if she waited for the matter to be heard at the next hearing.
Carol filed the petition in 2020.
- ‘Flagrantly Violated’: Lawyer Fighting Carol Burnett’s Daughter Erin’s Plea for Visitation With Son Despite Claims of Sobriety
- Carol Burnett’s Daughter Accuses Comedian of Refusing to ‘Get to Know Who I Am Today,’ Icing Her Out Despite Being Sober
- Carol Burnett's Daughter Pleads For Time With Son After Court Stripped Away Visitation Over Alleged 'Erratic' Behavior
In addition, Erin said she has been sober for several months. Her lawyer wrote, “There was no evidence of any danger to the child presented that would be resolved by prohibiting the monitored, remote viz Zoom visitations. Moreover, stopping all contact for a year is draconian as well as punitive. The hearing where the order was issued terminating all visitation was not even a hearing on the visitation issue – it was an annual status report hearing.”
He added, “There was no showing of any danger from the monitored remote visitations. Accordingly, it is appropriate and the right thing to do to reinstate Ms. Hamilton’s monitored visitations and allow her to attend her son’s graduation in May.”
The guardian opposed Erin's plea and said the hearing should not be pushed up from September.
“The Guardian needs her own opportunity to present witnesses and evidence, as well as to cross-examine Applicant’s witnesses,” she said. “This case has a long history of Applicant violating the Court’s visitation orders and, even to her own admission, Applicant’s claimed sobriety is only 6 months’ long.”
Carol has kept quiet about her daughter in recent years.
Jodi said Erin had “flagrantly violated” the court order previously. “Guardian is further informed and believes that Applicant’s violations of this Court’s visitation orders are still occurring with unmonitored contact, as we will show if an evidentiary hearing is scheduled upon this Ex Parte,” she wrote.
At the hearing this week, the judge denied Erin's plea for an emergency hearing and kept the September court date.
However, the judge instructed the guardian to "provide the maternal mother the link for the graduation ceremony. Such link is to allow the maternal mother to view the graduation ceremony remotely."