Legal Question in Family Law in California

My ex and I have agreed that we will allow our son to choose when he has visitation with her. If I'm filing an ammendment how should i word this in a way that the court will approve?


Asked on 3/20/11, 3:05 pm

1 Answer from Attorneys

You are going to have a tough time getting a court to sign off on such a vague agreement. But that is not half as tough as the time you will have when she starts accusing you of pressuring him not to spend as much time with her as she thinks he should and she believes he would want to spend if not for your influence. It also will make it impossible to set a child support calculation since custodial/visitation time is a key element of the Dissomaster formula. So pick a schedule that sounds good to the three of you. Put that in the order as the fall back in case of disagreement, and then informally do whatever you want, knowing that if you can't agree then it goes back to the previously agreed schedule unless someone wants to ask the court to modify it.

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Answered on 3/20/11, 11:20 pm


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