Legal Question in Family Law in California

Bio mom moves, calls once a month

My stepsons bio mom moved back east, she calls once a month to let the boys know what fun she is having. She hadn't called at all since 1st of July. We recieved word, thru relatives, that she is coming back to Cal. and wants 50/50 visitation. Court order states she can only have them every other weekend. (We have custody.) Doesn't she have to go back to court to modify court visitation rules? The boys are doing really good and don't want to go back to her, however they are both under 10 years old. I don't rely on the court to always do what is right for the child. She has three CPS reports against her and has served jail time for child endangerment. We keep a journal of all calls, and interaction. Since the boys don't want to go back with her, can they be ordered to? Please advise?


Asked on 8/14/02, 5:57 pm

1 Answer from Attorneys
Elizabeth "BX" Long Law Office of Elizabeth D. Long

Re: Bio mom moves, calls once a month

Yes, bio mom, and you for that matter, would need to go into court to modify any existing custody/visitation order.

The court will not likely rely on a young child's expressed preference, but the court IS required to consider the child's "best interest." Bio mom's parenting history is certainly relevant in determining the "best interest."

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Answered on 8/14/02, 8:01 pm


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