Legal Question in Family Law in California

Divorced in 2007. I have 100% physical custody and 50/50 legal custody of my 11 yr old twins. The divorce was amicable and uncontested. We agreed to a very low child support, originally $250 per child and we verbally agreed to raise it to $350 each since they live with me 120 miles away and he sees them every other weekend and 1/2 holidays. Due to a breakdown in our co-parenting relationship (as a result of his jealous gf) I intend to go to court and have support determined by the state and hash out a visitation order... What I would like to know is, in the mean time, as the custodial parent with no visitation order in place, can I just tell him that they aren't going for the weekend. I have done everything I can to support and foster a positive relationship between the boys and their dad and also with the gf. However, they are old enough now to be aware and affected by his selfish actions and they don't like or want to go to his house anymore. I realize it will be mean of me to just say, "sorry they aren't going to your house anymore, if you want to spend time with them you can drive here and spend a day with them." Until I get the court stuff sorted, can I actually say this to my Ex?


Asked on 4/05/12, 12:05 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

You have not provided any information as to the age of the children. The best option is to request a temporary order suspending visitation pending further order of the court. An attorney would be able to guide you through this and advise as to the advisability of seeking a temporary order stopping visitation.

Read more
Answered on 4/05/12, 4:17 pm
Gary R. White Burton & White

Unilateral actions changing an established parenting schedule, whether a court order or not, will likely be frowned upon by a judge. Work this out with your ex or return to court and seek court orders which are in the best interest of your children. If you return to court you can seek guideline child support at that time as well.

Read more
Answered on 4/06/12, 3:01 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California