Legal Question in Family Law in California

I have 2 daughters (5 & 7 y/o) that live w/ me majority of the week, (mon-thurs and every other w/e.) The girl's mother have them every thursday (after school)- fri and every other w/e. Our current court order illustrates a specific school for them to attend. However, it also gave us the opportunity to change the girl's school as long as their mother and I agree. The girls attended the school for one year. The school was 45 miles from my house and 10 miles from their mother's house. She was not consistent w/ taking them to school, having them miss classes and entire school days that equaled to 40% of the times that she was responsible to take them. These cause us alot of disagreements, so she agreed to let them go to school close to my house w/ the condition of the girls get picked up @ a designated location closer to her house during the monday mornings prior to her w/e. In addition, she had asked for me to keep the girls every thursday and drop them off to her on fridays after school. Lately, (approx. 3weeks) she has been working every friday, which which prohibits me to drop my girls off to her. instead I would have to drop the girls off to my mother's house in which she picks them up in the morning. This past w/e their mother had them but did not spend time w/ them, instead she dropped them off to a friend on saturday and went to work on Sunday from 730am -3:30 pm. I had asked her Saturday to take the girls to school on Monday morning due to an appointment that I have to attend. However their mother refused to take them to school. Her reason is that due to the verbal agreement that we had, she feels that it is not her responsibility to take the girls to school. instead she took them the mutual drop off and had my girls wait for me. Now she is threatening to take me to court to do a show of cause. She also wants to pull the girl's out of their current school, which they have been attending since the middle of August and have them go to a school closer to her house. My question is: Can she pull the girls out of school in the middle of the school year? Can she negate the written order of having the responsibility of taking them to school due to our verbal agreement? What are her chances of getting more time/ days w/ the girls when her house hold unstable, the house is in foreclosure and she was fired from her state job due to accusation of drinking alcohol on the job, in addition, she was neglectful during last school year not taking them to school consistently despite living 10 miles away from their school. Where do I stand and what are my chances. What do I have to do to nip this in the bud?


Asked on 10/05/09, 9:11 am

1 Answer from Attorneys

If you want to nip this in the bud, you need to file an OSC or motion to modify the order to conform to your verbal agreement, and probably to add some provisions, such as that if she needs the kids cared during her custodial time she must notify you and give you first chance to take them.

Nothing in Family Court is certain, but if her conduct has been as irresponsible and erratic as you say, and your requests for modifications are modest, reasonable, and clearly in the kids' interests, you have as good a chance of success as one can have in Family Court.

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Answered on 10/05/09, 12:27 pm


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