Legal Question in Family Law in California
child custody dispute
I share 50/50 child custody with my ex-husband. I am the primary care taker. My son turned 14 yrs. in Nov. My ex-husband is angry because I am going to remarry. He told me he has seen a lawyer and my son will now be living with him. He said my son told him he wants to live with him. Can my ex-husband simply change the original court order by a simple telephone call to me?
2 Answers from Attorneys
Re: child custody dispute
The custody orders can only be changed by a new order. The new order can either be a stipulation (agreement) of the parties which is then signed by the Judge or after a court hearing.
Some parents make changes on their own without going to court -- however this can cause problems.
If you are not in agreement with what Father wants in the way of changes, then he would have to go to court to ask the court to make the changes. Given that your son is 14 years old they are going to ask for his input, but will not necessary do what he requests.
One of the best things to do (if possible) is talk with your son about what he wants and why. Then talk with his Father to see if you can reach an agreement that you all can live with.
In the end, it will be less costly and everyone will be more likely to live with it.
Re: child custody dispute
No!! The Court Order must be modified in order for him to legally change custody. If he denies you visitation than I would call the Police on your visitation day, bring you Court Order, and have the police escort you to pick up your child. In the alternative you would need to get an attorney and into Court for a contempt if you are denied your visitation rights.