Legal Question in Family Law in California
CA customary visitation schedule
I am primary/ joint CP and my court ordered visitation states every spring break, christmas even/odd years and 6 weeks in the summer for dad. (I lived in New Mexico and Dad in CA). Since I moved back to CA in 2006 dad has demanded all summer or had an excuse to keep our son even after I asked to have our son back when the six weeks ended. Dad sees him for other weekends as well. Our son will be 13 in August. The father is now demanding I follow an old court order from years ago before I moved from CA. Our venue is San Diego Family Court. The dad is very demanding and tries to scare me that he will get an attorney if I do not agree with him. 1) Is my court order still valid for same visitation schedule now that I moved back to CA. I do not want to change the order either. 2) Do I have to change my visitation schedule?
1 Answer from Attorneys
Re: CA customary visitation schedule
Unless there was language in either of the orders that specified that one was the CA schedule and one was the NM schedule, the most recent order controls. You can make him follow that one and leave it to him to take you back to court.