Legal Question in Family Law in California
Child Visitation Modification
In 2001 my boyfriend and ex wife attended Mediation to establish child custody and visitation. Since that time Dan (my boyfriend) has a different job with a different wage, has a permanent address and phone number and would like to modify the visitation from Mondays & Wednesdays 3:00pm to 6:30pm and phone calls nightly between 7:30pm and 8:00pm. He would like to change that to every other weekend and maybe a couple hours a couple nights a week. He also agreed in mediation not to bring his children around me due to the ex wife not liking me. Dan and I have been together for about a year and a half. Dan and I live together now and would like to have normal visitations at our home. Can you help us?
2 Answers from Attorneys
Re: Child Visitation Modification
He should request another mediation session. The change in his work schedule, and his regular visitation are changes in circumstances. He does not need to ask permission to bring the child home. If mother again objects about the child being around you, he can then point out the length of your relationship, and that it is a stable relationship.
Re: Child Visitation Modification
Yes, there are changed circumstances which constitute grounds for a modification in custody. The father should get what most fathers get which is at the very least every other weekend.