Legal Question in Family Law in California
Child custody
I received a Final Judgement in California, the order states: I recieve odd christmas's. I receive summer vacations. I receive an additional 2 weeks for vacation and must give written notice if I leave the state. I recently moved to Montana from California and she still lives in California. She say's she is not going to give them to me for the three weeks of their Christmas break, because the order says I cannot take them for more than 2 weeks. Are those three separate orders or does the not taking them out of state for more than two weeks apply to the christmas and summer break?
3 Answers from Attorneys
Re: Child custody
If the order is not clear you can go in on an osc to clarify it, sounds like she does not want to be reasonable. If you are out of State find an attorney in the area were the case was heard, have them review the order, then decided if clarification is needed. Act now as it takes a while to get into court if you need to and Christmas will be here before you know it. Contact my office if you have anymore questions.
Re: Child custody
A lawyer would have to read the actual order to advise you, but it doesn't really matter what any lawyer thinks unless you are planning to hire him or her to go to court on the issue. It will save you a lot of money and stress if you can get to the bottom of your ex's resistance to letting you have your kids for Christmas. Ask her if there is anything you can do to help her feel more comfortable with the visit. If you basically know what her issues are, then try to address them. Maybe she is worried about the travel or expense. Maybe she is worried you won't return them. You may be able to address her concerns once they are identified.
Re: Child custody
Based on my experience with writing these types of orders, they are three separate orders. You would want to probably go back to court for a modification now that you have moved out of state. It makes sense to have them for a little longer period of time at Christmas because of the expense of travel and because you won't see them as frequently now that you are living further away.