Legal Question in Family Law in California
i have a current order in place but want to change it. i have joint legal and physical custody with my ex husband. he has not helped any decisions but uses the excuse that i cant do anything about the choices i make cause he has to approve. he doesnt approve of anything i choose nor does he make any input on anything. he is always given the options to do research and present what he wants to do and never does but when it comes down to final decision time he throws a tantrum threatens me with going back to court and other stuff. he also takes our 5 year old son on school days and now our son is in school he brings him back at 6 am for me to get him ready and off to school. he never does his homework so our son either has to do it when he gets home at 6am or not at all it is starting to affect his education. there is a 4 yr history of him not following the court order and arguing about everything how hard would it be to take away his joint legal and physical custody? please help i am at my wits end especially now it is affecting our sons education as well as health when he brings him home at 6 am he leaves his house at 5 it is freezing out and our son is exhausted and its not good for him but he refuses to change his days
1 Answer from Attorneys
Well the process is relatively simple. You file forms that are available at www.courtinfo.ca.gov to obtain an "OSC" regarding changing custody. You can get help with what forms to file and how to do it from the Family Law Facilitator at the San Bernardino Superior Court. As far as how hard to get the result you want, that is hard to say. Joint legal and physical custody is the norm these days, but you can probably get a more specific order that sets time and process limits on his input into decisions, and allows you to make them if he doesn't comply. Changing the custody schedule is easier, but you will have to tell your story to the judge well, explain clearly why a change is needed, and preferably back up what you say with evidence. You should also have a proposed new plan that continues to foster your son's involvement with his father, while making sure the schedule is best for his health and education. Don't try to punish your ex for the way he's being. Just explain your son needs an new plan and why. Focus on your son's needs. Hope that helps.
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