Legal Question in Family Law in California

I have a 13 year old daughter, she lives with her dad and his wife, She is with me every weekend and every holiday she has off school, and for 7 out of 10 weeks in the summer. We have joint custody, and she is basically at her dads house on school days only. Her father is always working, and at this present time he is out of town for a month. Our daughter was crying becuse she never gets to spend time with her dad. So when she is not with me she is with her fathers wife. Since her dad has been out of town his wife has threatened to call the cops on me twice, the first time she said if my daughter wasn't home by 8 pm she was going to call the cops. We have an hour leeway time and in the past her dad has never once minded when she came home, as long as it wasn't real late. The second time was 2 days ago when I was suppose to pick up my daughter at 9am and she was gone somewhere with her school friends. Nobody tried to contact me. I called and was told she would be back at 8pm. I tried to call and left message after message. When I went over there she was in the backyard with her friends having a pizza party. I said have my daughter come out here and talk to me. She did not want to go get her. Again nobody called me and told me anything. Then I was told that I had no right to come over there and talk to my daughter. She was so busy with everything going on she had no time to call me. At that time I found out that her school thinks that her dads wife is her mom. They did not know I existed. She signs all forms, and permission slips as her parent and or guardian. She does her best to keep me away from my daughter, she makes it difficult for me to do anything. How can I put a stop to this. I can not just sit here and do nothing. Please tell me what are my legal rights and what can I do legally to put a stop to this right now?


Asked on 9/22/09, 3:55 am

1 Answer from Attorneys

Sounds like you need a modification of your custody and support order to address these issues. Unfortunately if details are not spelled out in the order, people can play games. Fortunately, when people play games, it is relatively easy to get a modified order that spells all these things out. You should contact an attorney.

Read more
Answered on 9/22/09, 4:42 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California