Legal Question in Family Law in California
Custody arrangement (finalized 4/2000) is no longer working.
Is there a legal definition of primary legal and primary physical custody that would include my rights as a father? Our custody arrangement is pretty specific about visitation, but doesn't lay out my rights as a father. For example (I'll be brief), my ex is saying that when I have my daughter for my two-week visitation, I can't leave my daughter with anyone (including my fiance) to go to work, and that I must be with her at all times. I would like to be able to quote something that explains that I am not a babysitter, but a father with rights! Thank you!
1 Answer from Attorneys
Re: Custody arrangement (finalized 4/2000) is no longer working.
Generally, there are laws to tell us what we cannot do, the laws do not tell us what we must do, with some exceptions. There is no law that says that you cannot leave the child with anyone that you wish to leave the child with while you are otherwise occupied, of course you must use good judgment about when and why you leave the child. You have the same rights as her in that regard. I am assuming that you are spending the amount of time that you reasonably can with the child. If you wish to quote something, quote this question that I have for you. If she cannot be trusted to tell you the correct law in this regard, just when is she to be trusted to tell you anything correctly? Good luck and happy parenting, Pat McCrary
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