Legal Question in Family Law in California

Court Order Paper Question

On my court ordered visitation it says 1st and 3rd weekends of the month for my sons father. However on August 30th it was my little boys birthday weekend and his fathers weekend since he did not have him the weekend of the 22nd. His father failed to show up or even to call. Well on monday September 1st I called him and he said that it was not his specified weekend and that the weekend of the 5th is his becasue it is only 1st and 3rd weekends. I felt he was wrong and missed a sheduled visit. My question is what should I do legally? On the court papers it says nothing about 5th weekends of the month however him and i have done everyother weekend for the past year. So should i drop off my son? or simply who is right?


Asked on 9/02/03, 2:07 pm

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Court Order Paper Question

He is correct. The order is not for alternate weekends, although for most every month that would be the effect of the order. The 5th weekend is your. Good Luck, Pat McCrary

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Answered on 9/02/03, 3:01 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Court Order Paper Question

You are both parents to your son. Work it out for the benefit of your son. The courts do not like dealing with these things.

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Answered on 9/02/03, 3:29 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Court Order Paper Question

Yes, I would agree that he is right. Your order is silent on 5th weekends, and clear his weekends are the 1st and 3rd. So it sounds like this coming weekend is his.

As a non-legal observation, let me add that I too became divorced when my son was about 10. At first, for a few months, we followed the order religiously, but very quickly things became much more informal. She pretty much started allowing him to come see me any time I asked to, and any time he wanted to see me. This worked out to the benefit of all concerned, especially my son. It helped over the next several years to create a spirit of greater cooperation and informality that restored much of the sense of family to him. Courts don't mind a bit if these things become more informal over time, and would, in fact, encourage it in normal circumstances. So, what I am saying is it would likely be good for the child if the formality of the order could eventually wither away into more of a mutually-agreed thing that is more flexible and informal.

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Answered on 9/02/03, 4:25 pm


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