Legal Question in Family Law in California
Changing Court ordered Holiday schedule
I recently completed a family court case to determine custody and visitation for my daughter. My Lawyer didn't address all the issues I had requested at our final hearing, one of which was the holiday schedule. The mediator recommended in his report that my daughter be with me for Thanksgiving in even years, with her father in odd years, and with her father for Christmas during even years, and me during odd years. For the previous 6 years, we had a mutual agreement in place that was opposite the mediators recommendation and I wanted to continue with the way it had been for so long. However, my lawyer didn't bring this up so the final judgement is what was in the mediators report. Is there a form I can fill out to request that this be changed? Her father agreed originally to change it, but now has changed his mind. Am I out of luck now since it wasn't addressed before our judgement was made? Our case is in San Diego county.
2 Answers from Attorneys
Re: Changing Court ordered Holiday schedule
The process doesn't work that way. The mediator isn't the authority. You either entered into a stipulation accepting the agreement made during mediation or the court took testimony and made a decision. Which way did it happen?
If your former spouse isn't interested in your plan, then the court will most likely follow the guideline holiday schedule. It seems to me that the mediator probably recommended the guideline as I've never seen them unilaterally do otherwise.
Re: Changing Court ordered Holiday schedule
You would need to bring a motion to make the change. The problem is how you can do that before the Thanksgiving holiday. It is possible that you could get an order shortening time from the judge, but you must move fast. Good Luck, Pat McCrary
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