Legal Question in Family Law in California
Child custody
My husband and his ex-wife arranged to share their daughter in a 50/50 arrangement. Today his ex-wife stated that on my husband's arranged day's of custody, she will not bring over their daughter to stay with myself and her half-sister if he is not home. She states that her custody arrangement is with her ex-husband, and if he is not present then she has no obligation to drop off her daughter. What are my husband's rights? Can the ex-wife take the daughter away on my husbands days if he is at work? What are my rights/limitations as a step-parent?
1 Answer from Attorneys
Re: Child custody
As a step-mother you do not have any rights, but your husband does. Therefore the first question is whether or not the custody and visitation order requires your husband to be present for the visitation time. If not, then she will not be able to make the stated argument unless the order provides that father is to be present at the time of exchange of the minor child. Call me for any questions or legal assitance and you can reach me at 310-839-7700.
Sincerely,
Nina N. Gohari, Esq.