Carol Burnett's Daughter Pleads For Time With Son After Court Stripped Away Visitation Over Alleged 'Erratic' Behavior
April 18 2024, Published 8:58 a.m. ET
Carol Burnett’s daughter Erin Hamilton asked the court to reinstate visitation with her son after several months without communication due to a court order.
According to court documents obtained by RadarOnline.com, the comedian’s daughter pleaded with the judge to rethink his decision to block contact until the next hearing in September 2024.
Carol's daughter says she is sober now.
As we first reported, in 2020, Carol and her husband Brian Miller filed to be appointed co-guardians of Erin’s son Dylan. The entertainer said her daughter had struggled with addiction for years and had recently been placed on a 5150 hold.
“In the past 19 years, Erin has been in and out of rehabilitation centers and has been institutionalized a total of eight times for a minimum of 30 days each time,” Carol said in court.
Carol said Dylan’s father was not suitable to care for him. As a result, the court-appointed Carol and Brian as co-guardians until they found a permanent replacement.
The couple eventually nominated a third party named Jodi Pais Montgomery to take over as guardian. Jodi previously served as Britney Spears’ co-conservator in her controversial conservatorship.
Carol said her daughter was unfit to raise her child.
As part of the guardianship, Erin was awarded visitation with a strict set of rules. She was allowed to see Dylan once per week for two hours. A couple of months later, Erin was accused of breaking the rules by visiting her son when his father had visitation.
Erin claimed she “ran into” her ex and son — and never intended to violate the court order. The court-appointed lawyer for Dylan asked that Erin’s visitation be suspended due to her “erratic” behavior. The lawyer requested the court order Erin to submit to random drug testing.
As we first reported, Erin told RadarOnline.com earlier this year that she is currently sober and wants her son back. A hearing on Erin’s visitation being reinstated has been continued by the court numerous times.
It was recently pushed from March to July and then to September. Erin’s lawyer said by September she will “not have any visitation with her son for over a year.”
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Carol has yet to respond to Erin's plea.
Erin said Dylan graduates from high school in May.
Her lawyer explained, “The visitations previously ordered by the Court were remote with a monitor. There was no evidence of any significant problem with the monitored visits. There was an incident where Ms. Hamilton allegedly saw her son and his father at a public place. There was also alleged continuation of drinking and substance abuse by Ms. Hamilton. The Court went ahead and stopped all visitation pending the evidentiary hearing. Now that hearing has been moved for the third time.”
He added, “The evidentiary hearing has now been moved to September 2024. The minor child graduates in May and there is no availability for hearing according to the Court and other parties before September. Not being able to visit a child or attend a significant life event because of court delays on a hearing date set for January 2024 is indeed harm that can’t be fixed.”
Erin’s lawyer said, “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. 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.
Erin wrote, “I am hardly a danger to my child."
In a declaration, Erin wrote, “I am hardly a danger to my child. I have been drug/alcohol tested consistently since moving back from Hawaii and I work with people in treatment and I must remain completely sober in order to keep my job. I love my job and I love being sober.”
A judge has yet to rule.