Legal Question in Family Law in California
Just Basic Child Visitation Information
It seems for whatever reason, I can't get a straight answer. In my case, I will need a lawyer. Until then, I need to just know what I should do to protect myself. I am supposed to have my son for the summer. I live in Southern California and he lives up north. The stipulation is I can pick him up no earlier than one week after school ends. Then it has no specific date or time, and there is nothing about when I am supposed to return him. Of course reasonably before he starts school. The problem is his dad never calls me to discuss me coming and getting him. He tried to tell me that he wanted to go back to court before I took my son with me. There is already an order. Now if he decides to take off and not be around when I have already notified him 2 weeks in advance and left a message on his voicemail, I need to know what I can do if he violates the order. He knows I can't be back and forth, and I can only take so much time off work. I have no idea what the best way to handle this. No one wants to seem to give me any idea. The courts do not say what you should do, they just send you off to mediation and the mediator will not hear what you need to say. Also, in court how can I be heard by the judge?
2 Answers from Attorneys
Reply: Just Basic Child Visitation Information
In a general sense, if you can not work this out with the other parent, then you will have to file an O.S.C. and seek a modification of the underlying Order to resolve the problem.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Just Basic Child Visitation Information
Based upon the information provided. it appears that you and the child's father do not cooperate in the parenting of your child. It also appears that the orders in place are vague and perhaps unenforceable.
Therefore, I strongly advise that you retain the services of a family law attorney at the earliest possible time in order to procure clear and enforceable orders.
Regards, Damian Nolan