Legal Question in Family Law in California
Ability of 14 year old to slighly modify visitation schedule
My son resides with me in CA. We moved here 2 1/2 years ago from MA where his father still resides. We have adhered strictly to the visitation schedule until now. My son wants/needs to participate in school marching band camp, which shortens his ''summer'' by 11 days. By agreement his father and I equally divide the the vacation. I think we should each abreviate our summer by 1/2 of the required camp time so that vacation remains equal. His father refuses.
Additionally, our son wants to participate in a band trip over New Year's. Ordinarily his father would have him for that week (odd years), on even years he has him for the entire Christmas break (2 weeks) and he has him for every other major holiday (Thanksgiving, Spring). I only get our son for Christmas during odd years. His father is refusing to let our son participate unless I relinquish my holiday with him, even though he will have just seen him at Thanksgiving and will have him again in March. If necessary, I will let his father have the visit. But my son doesn't want to fly across the country and back only to jump on another plane to fly abroad. He gets sick when he flies and doesn't want to risk it. Since our son is 14, does he have the right to make some choices?
1 Answer from Attorneys
Re: Ability of 14 year old to slighly modify visitation schedule
Apparently the current custody and visitation order was made in MA. Any modification in the visitation order would have to be done there. If the original custody and vistation order was not made in MA then it may be possible to have the custody and visitation issues moved to California. You should take the custody and visitation order to an attorney and discuss the issued with the attorney.
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