Legal Question in Family Law in California
My ex wants to change our current custody agreement for visitation from "based on Mutual Agreement" to something that would be 50/50 in his eyes. is that possible since we won't be living in the same area? What would be the outcome realisticly?
1 Answer from Attorneys
The court will look at what arrangement is in the child's best interest. For a school aged child, the court will consider where the child's school and other activities are located. If you and your ex are living far apart, it is likely that your child will live, primarily, with the parent who is closer to your child's school and activities. The other parent will have physical custody on various weekends and vacations. While visitation based on mutual agreement gives you and your ex a great deal of discretion, either of you can ask the court to modify the custody arrangement.