Legal Question in Family Law in California
Court Order
I have a Family Law Court Order that states I am to meet the other party half way in Southern California to exchange our daughter. She is in a shared custody with pending Court dates. My employer has stated that I need to work until 5:00pm on Fridays which will conflict with my Court Order. The Court has also ordered I attend classes with the other party so we can learn how to get along with eachother. These meetings take place on Fridays in a city located approximately 100 miles from my hometown. Does my job have a right to force me to violate the court order? It should be noted that I work for a state governemnt agency in California. I still have pending Court dates which will determine who my daughter will reside with. Therefore, the matter is still pending and not finalized. I have talked to my supervisor on numerous occassions about my legal issue so its not like the agency is not aware of what has been going on. I have retained all memorandums I have submitted in regards to my legal matter.
Does this matter fall under FMLA?
1 Answer from Attorneys
Re: Court Order
Your employer has no duty to accommodate your custody and visitation requirements.
A government agency cannot give you time off from work to go to visitation and court ordered programs. You need to get the court order modified to accommodate your work schedule.