Legal Question in Family Law in California
Child Custody - Vacation
I currently have a 50/50 court order custody agreement with my ex-husband. We both cannot take our child out of the state of CA. I need to go out of state for 6 days for a family emergency. My ex-husband will have our child for his visitation 3 1/2 days out of the 6. The problem is, he refuses to watch our child the other 2 1/2 days that would be my visitation & he will not give me permission to take her out of the state. In July of 07 my ex-husband had a family emergency & needed to go out of the country for 2 weeks. I refused to let her go, but agreed to take care of her without hesitation. I'm not sure what my rights are or what to do. There is nothing in the court ordering laying out rules for vacations or family emergencies.
1 Answer from Attorneys
Re: Child Custody - Vacation
If the father will not agree, then you will have to either get a court order or find someone else to take care of her those 2.5 days.