Legal Question in Family Law in California

child custody modification

I am wondering the possiblity to change the mid-week visitation & to get first right of refusal for summer vacation when other than dad? My daughter is often 95% of the time picked up and cared for by a person that is not her dad but hired by him..example recently she has been picked up and cared for by a daylaborer that sometimes works in/on her dad's house. Recently she was picked up/cared for for 9+ hours. she had to call for food and pay with her own money..she is just 11..while at her dad's she does not get homework support or school support. he often gets her to school late. (5x out of 6) during summer vacation he dropped her off at his brothers house(which is out of town) for 11 days. All this is without forwarning our daughter or me that any plans for changes...each time i fax him and let him know that i do not agree with our child being picked up and cared for by all these non-parent people. i am availble when he is not.he sometimes takes avantage of my offer but often my daughter is sitting in his home after school till 9~10:30pm waiting for her dad. I often receive phone calls at this time that she is still waiting for her dad to bring dinner. She is late to school and sleep deprived often needing a nap after school.


Asked on 11/22/04, 6:59 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: child custody modification

You need the court to be made aware of this situation. Set an OSC. Call me directly at (619) 222-3504.

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Answered on 11/23/04, 1:08 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: child custody modification

In a general sense, the legal issue is the best interest of the child. The situation you described does not sound like it is in the child's best interests. Depending upon where you are in the process, you may also have to show a significant change in curcumstances since your last order before getting to an assessment of the best interests of the child.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/22/04, 7:29 pm


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