Legal Question in Family Law in California
Enforcing child custody arrangement in divorce settlement
My husband and I agreed in a divorce agreement on a joint custody- we alternate weeks. We also agreed on certain holidays with the children inculding New Years Eve. This happens to be my week with the children; however, it is his year to keep them for new years. He refuses to keep them. My question is simple: What legal steps can I take to make him adhere to the legal contract he signed on this particular issue and any other?In addition, can I sue for punitive damages-ie money (per agreement he does not pay any child support)?
2 Answers from Attorneys
Re: Enforcing child custody arrangement in divorce settlement
You cannot force him to take children, but you can ask for a modification of support and visitation based on how much visitation he actually exercises. Your agreement is not set in stone and can be modified to give you support, if appropriate.
Re: Enforcing child custody arrangement in divorce settlement
you cannot force him to take the kids if he doesnt want to. as far as unpaid child support, you need to file for contempt or get the DA to go after him. no punitive damages.
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