Legal Question in Family Law in California
This is what my custody papers say: "father shall have every weekend and shall pick the child up from school on friday at 4 pm, subject to childs turtoring schedule, father to return child home on sunday at 5:30 pm father is allowed 30 min grace period and shall call mother is he is going to be late. mother may have the child one weekend a month with a 14 day advance notice to father."
Do I have to give her a weekend with my child if she doesn't give me the 14 day notice. She continually harasses me with sticking to what the actual court papers say in writing but when it comes to what she has to do, she has her lawyer call me and harass me with his interpretation. The last time I went to court she had the judge make me pay for her lawyer and I don't have a job but because my wife is supporting me he is making me pay for 1/2 of her attorney bill. I just dont know if I should go back to court or save the money for an Attorney and have him fight for me with the risk I may have to pay for her added attorney bills.
2 Answers from Attorneys
if you follow the court order she would have no basis to succeed in taking you to court. Be sure to document everything. The order says she can not have custody unless someone on her behalf or she gives 14 days notice before the date she wants custody that month.
I agree with Mr. Shers. You may want to respond to her request in writing using a very simple and non-emotional business style. In your written response just state the facts. Let her know that she did not provide you with notice regarding her request as provided in the court order and therefore you can not agree to her request. In the mean time start saving up for an attorney and protect yourself from her.
Good luck
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