Legal Question in Family Law in California

changes to custody

My ex husband and I separated roughly three years ago. We have three children. I was a stay at home mother at that time and we decided upon an every other weekend arrangement for him with extra time over the summer. This amounted to a 35/65 split or therabouts, with the 65% to me. About a year into the divorce, we moved to a week on week off custody. I began working outside the home. We did not change the written agreement. We have been doing this for about two years. He had a flexible job (no longer), was living locally and it seemed a good fit for the kids. Last month he remarried someone an hour away. They have not moved in together as she wants to keep her own children in her local schools. He divides time between his house and hers and takes our kids with him. It has been a difficult transition for our kids as they now have three homes and spend quite a bit of time in the car back and forth to her home an hour away. I never modified the custody agreement as I was concerned by the changes that were happening in his life. I would like to stick to the legal agreement, but not sure what my rights are and if status quo of the past two years works against me. Thank you kindly.


Asked on 7/08/09, 2:06 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: changes to custody

The status quo would be against you except there has been a significant change of circumstances. The issue is the best interests of the children. Having to travel several hours during his visit time would not necessarily be in the best of interests of the children. You should discuss this matter with father and attempt to come to an agreement to return to the old schedule or a new schedule. If that fails then you will have to go to court for a change of visitation schedule.

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Answered on 7/12/09, 8:58 pm


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