Legal Question in Family Law in California

My daughter is 12 1/2 yrs old. Her dad and I have been divorced since she was 3 months old. He has her once a month for a weekend and some holidays. he left his fiance and other daughter of 11 yrs for another women and now living with her for about 8 months. The other women has 2 daughters of which she does not have custody of (I don't know why). My daughter is getting older and the visitation situation is not the same as it has been over the past 12 years. She is not wanting to go for as long as he wants her. At what age can she make up the decision of when she wants to go and for how long. He has threatened me with police. I need advise on what I can legally do.


Asked on 10/29/10, 2:52 pm

1 Answer from Attorneys

She cannot decide her own schedule until she is 18. She is old enough, however, that what she wants will be taken into consideration by the court if you file a motion to modify the custody schedule. If you fail to abide by the schedule in the existing order, however, your ex is right that he can call the police and have them show up to help him take her for his scheduled time. If you think a change is needed, go through proper channels by filing a motion to modify custody.

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Answered on 11/03/10, 3:07 pm


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