Carol Burnett's Daughter Wants Back Into Son’s Life Amid Substance Abuse Drama
By Afouda Bamidele on April 18, 2024 at 5:41 PM EDT
Updated on April 18, 2024 at 6:29 PM EDT
The drama within legendary actress Carol Burnett's family continues with her daughter fighting to reinsert herself into her son's life.
Things went south for "The Carol Burnett Show" star's daughter, Erin Hamilton, when she lost custody of her son due to her substance abuse issues.
In new legal documents obtained by The Blast, the 55-year-old claims she is sober enough to earn visitation rights — something her son’s guardian is vehemently against.
Carol Burnett's Daughter Implores The Court For Visitation Rights To Her Son's Graduation
In her legal filing, Hamilton implored the court for an order to resume her visitations, thereby allowing her to attend her son's graduation in May 2024.
She stressed that this request is based on the extended delay of an evidentiary hearing initially scheduled in January. The hearing in question has been moved multiple times, with the latest date set for September 2024.
This new date did not sit right with Hamilton, who lamented that she would miss a crucial part of her son's life if the court continued to deny her visitation rights. Her argument, per the documents, read:
"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 Hamilton Claims She Is Sober
Hamilton came prepared with proof to back her request, adding a declaration of her sobriety and reformed personality. She claimed that she has been "completely sober since July 27, 2023," and attached proof of the drug test she took last week.
In the attached document, Hamilton tested negative for "Amphetamines, Cocaine, Marijuana, MDA-Analogues, Opiates, and Phencyclidine (PCP)." That wasn't all, she penned a remorseful note to the court, admitting:
"I have had troubles in the past. I take full responsibility for my actions that have caused a tremendous amount of pain and suffering for members of my family and friends that love me."
Although Hamilton accepted part of the responsibility in the court's decision to take away her visitation rights, she claimed other parties were interfering in her relationship with her sons.
"I feel that this is a punitive situation brought on by people trying to keep me away from my son until he moves out of state," the heartbroken mother alleged, noting her family members involved in the case were unwilling to see who she is today.
The Guardian Of Hamilton's Son Is Fighting Back Against Her Visitation Request
Hamilton's subtle jab at her family received the desired attention but not from her close relatives. According to another legal document obtained by The Blast, the court-appointed guardian for her son, Jodi Pais Montgomery, responded to her visitation request.
Montgomery fired back with her opposition, imploring the court to refuse Hamilton's demands on several bases. First, she argued the other party had failed to show why the order should be granted now.
She noted that the graduation is six weeks away, and there is no case of urgency or "immediate danger, or any other statutory basis" for Hamilton's visitation rights to be resumed. Secondly, Montgomery claimed the latter was trying to dodge a bullet.
The court-appointed guardian explained the upcoming evidentiary hearing in September is there to determine whether or not Hamilton's visitation rights should be restored. Yet, she is trying to gain the same relief with her request without going through the proper channels.
The Court-appointed Counsel Painted A Concerning Picture
A report by the court-appointed counsel for Hamilton's son stated that the 55-year-old had allegedly violated the court's orders.
She reportedly relocated to California from Hawaii sometime in July 2023 but did not contact Montgomery to arrange visits with her son.
Instead, she coincidentally ran into her son and his father in early August 2023 and had dinner with them. This occasion was not reported to Montgomery and was a "brazen violation of this court's orders."
This incident led to the suspension of Hamilton's visitation rights until further order by the court.
The court-appointed counsel believed her rights shouldn't be restored without a hearing and random drug tests, given the mother's alleged "erratic and unpredictable conduct."
As for her request to attend her son's graduation, the court-appointed counsel noted the event will be live-streamed and stressed that Hamilton could participate in the ceremony via this method.
Carol Burnett Tried To Gain Custody Of Her Grandson
Before Montgomery took over as guardian, Burnett tried to gain custody of her grandson amid her daughter's substance abuse issues.
As The Blast reported, the Broadway veteran and her husband filed a petition for the appointment of a temporary guardian in 2020.
Burnett noted that her grandson, Dylan, had lived in an unstable environment due to her daughter's issues. She stressed that she was the best candidate for guardian as the boy's father had checked himself into a rehabilitation facility at the time.
Unfortunately, on November 10, 2021, the actress lost her role as temporary guardian to Montgomery. She eventually became Dylan's permanent guardian on March 18, 2022.
Fun fact: this isn't Montgomery's first time catering to famous faces, as she previously served as Britney Spears' conservator.