Legal Question in Family Law in California

Re: Divorce rights

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

Depending upon whether the existing custody / visitation orders are temporary (pendante lite) or final, and depending on whether the orders were stipulated or adjudicated, you may have to show a change of circumstances to have the orders modified. To have the existing orders enforced (as they are) you can bring a contempt of court action against your wife. In either case, see an experienced family law attorney.

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Re: Divorce rights

I take it that you have been to court on this matter before?

If the situation has worsened you can ask for a modification of the existing court orders, but this is not because the child is 11, or 2, or 17 and a half, but rather becasue the existing arrangement is not working and would not seem to be in the best interest of the child.

Re: Divorce rights

Joint custody means that both parents should consult each other on issues concerning the child. For example, school issues, non-emergency medical or psychological care, etc. The day-to-day issues are the decision of the custodial parent at the time.

With regards to the other matters you have inquired about, the judgment of dissolution or temporary order would normally spell out the parenting plan (visitation schedule) and that would be what governs. As to the issue of taking the children out of state, again that should be an issue that is set forth in the judgment or other order.

Yes, you can petition the court for custody but there has to be a compelling reason (in the best interests of the child(ren)) for the change.

(The information contained herein is general legal advice based upon the current state of the law. This communication is not intended to create an attorney-client relationship and such relationship can only be created by an agreement in writing. For any specific advice on your issue, please consult an attorney of your choosing.)

Re: Divorce rights

You may just need an attorney to "encourage" your ex to keep up her end of the joint custody bargain--she does have to live up to that and also work with you as well.