Legal Question in Family Law in California
I had 50/50 custody of my daughter while in the state of California. I had to move out of state for school. I still have 50/50 custody, and on our custody agreement, we have a section for visitation rights if one parent has to be out of state for an extended period of time. My ex-wife has already refused to honor the 6 week visitation this summer, and now she is refusing to let her come out here for her 2 week visitation due to her being in pre-school. My question is: in California, is pre-school considered a viable reason to fail to honor to the custody agreement, or is it only k-12 that i have to plan our visitation around? I just want to see my daughter and my ex-wife is using every excuse possible to make that not happen. Do I have any options here or do i have to let her push me over?
1 Answer from Attorneys
If the other parent is denying visitation per the custody order, you should seek to have the terms of the order enforced. It's unclear if whether the visitation pertains to out of state travel. The other parent may have an issue with the child being out of state for a duration of time or that she may be too young to travel such a distance. Those are issues that would need to be cross checked with your custody order. You should speak with a local family law facilitator to see what rights you have in regards to enforcement of the custody order. If nothing else, there is confusion over its interpretation and you might need to go back to court to determine the interpretation of the terms of your custody order.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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