Legal Question in Family Law in California

My boyfriend is currently in Iraq. He is having issues with his soon to be ex-wife to agree with him on custody arrangements. This is a woman who cheated on him, became pregnant by another man, and the courts favored in her behalf. California has given her primary custody which he is fine with, but has also granted that he is only allowed 30 days a year with his son and has to be continuous 30 days of leave. Being in the military with constant deployments and field operations how is this fair? What can his approach be to getting this resolved? The mother will not budge and he refuses to sign divorce paperwork until custody arrangements are resolved, but she claims her attorney said it can be filed without him signing. All he wants is joint custody with holidays in which they switch up. He is not an unfit father and has always paid his child support on time. What are his chances of getting what he wants if he takes her back to court?


Asked on 8/14/10, 5:15 pm

1 Answer from Attorneys
Diane Singleton-Smith Singleton Smith

If he filed a response to the divorce then the divorce cannot be finished without an agreement or a trial. If he hasn't filed his response to her petition then he should do so, otherwise her atttorney can file a default judgment and it is finished without his say. If the current visitation orders are less than 6 months old, he may have trouble changing them. He must show a material change in circumstances to warrant a change in the court's current orders.

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Answered on 8/28/10, 2:24 pm


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