Legal Question in Family Law in California
Custody Issues Post Dissolution
MY wife and I finalized our divorce in 2006. We have two daughters, ages 6 and 4. The dissolution states that she has full custody and that we are in agreement as to visitation rights.
We are no longer in agreement.
She limits my visitations, makes extracurricular plans for them on my scheduled visits, will not let me travel with them to go on holiday to visit my family, and the list goes on.
We were a classic case of irreconcilable differences. NO alcohol, drugs, violence, adultery or anything else was a factor in our marriage.
Does having full custody allow her to make such power plays? Should I file for joint custody? What other custody rearrangements would be in the children's best interest?
4 Answers from Attorneys
Re: Custody Issues Post Dissolution
She does not have the right to interfere with your visitation rights.
Having sole physical custody is more of a consequence of her time share than anything else. She has no special powers. You are both parents. She needs to understand that part.
Re: Custody Issues Post Dissolution
Just because someone has primary physical custody doesn't mean they get to make power plays. She shouldn't be making plans for the kids during your scheduled visitation periods, she should let you travel, etc. Parents are supposed to be reasonable. When one of the parents becomes unreasonable, it's time to request intervention of the courts. You should file an Order to Show Cause for Modification of Visitation. I wouldn't go for custody at this point. It should be an easy thing, meaning it shouldn't go to trial. It's almost a slam dunk, given the facts that you have written here.
Re: Custody Issues Post Dissolution
The order that you have is essentially unenforceable from your standpoint. You need to get an order that provides stability for the kids on their relationships. I suggest that you get an attorney, it didn't work out too well last time. Good Luck, Pat McCrary
Re: Custody Issues Post Dissolution
Having full custody does not allow her to make power plays like she has been doing. You need to go back to court and have your visitation modified. You have every right to have your time with your children and the fact that she is manipulating the situation is just wrong! You should consult an attorney on this matter and get your visitation worked out with the ex.
Feel Free to contact me if you would like to pursue this matter.
Good Luck!
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