Legal Question in Family Law in California

Enforcing custody agreement

hello. i am not sure if you can help me, but i have a friend who recently got divorced. after much battle, he and his wife settled and have signed their divorce papers. they have a child and have agreed on a 65%/35% custody split (mother having the 65%). the father has custody every other weekend and a few nights ever other week. they agreed (and signed on the divorce agreement) that on the sunday evenings when the father's custody is over, pick up time of the child is 8pm. the arrangement has just started and for the past two weeks that the father has had custody, not only has the mother NOT been on time to pick up her daughter, she has refused to pick her up. she claims that she is tired and that the father will have to drop off the daughter or keep her. is there anyway to enforce a binding legal document (i.e. a divorce) without going back to court? would court even help?

thank you,

jenny


Asked on 9/24/07, 12:26 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Enforcing custody agreement

I wouldn't try to enforce the agreement just yet. I would let this continue on and keep a record of it. Then, after about 6 months or more, I would go to court for modification of custody, visitation and support, showing that visitation isn't really 65/35, that it's really 50/50.

If he decides to do this, he shouldn't suddenly fall quiet about picking the daughter up or she'll know that he's up to something.

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Answered on 9/26/07, 9:08 am


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