Legal Question in Family Law in California
Can I have dual visitation based on location?
My wife will get to take my children back to China under the Habitual Residence rule. If this is the case then can I have one set of rules for China visitations and another when she comes to the United States?
2 Answers from Attorneys
Re: Can I have dual visitation based on location?
You should be able to obtain a custody and visitation order that would provide a plan for visitation in the US and a different plan for visitation in China. However, you should determine whether a custody and visitation order from the US would be enforced in China. You should also determine what you need to do in China to enforce the order.
Re: Can I have dual visitation based on location?
You would probably need to file some type of motion for modification of your custody to account for the different schedules when the child is in china and the US. A family law facilitator office can help you with filing the appropirate paperwork to represent yourself in the child custody dispute.
As always please consult with a local attorney prior to taking any legal action
Good luck,
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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