Legal Question in Family Law in California
My ex-husband is incapable of adhering to his visitation responsibilities due to the fact that he is 540 miles away. He is demanding that I leave my daughter either with his parents or his girlfriend on his specified (by court order) visitation days. I am uncomfortable leaving my daughter with persons other than the respondent (my ex-husband). Must I leave my daughter with persons other than her father?
1 Answer from Attorneys
Your husband has the right to share his visitation time with his parents, or to arrange child care on his visitation time. However, if he is essentially not using his visitation time at all, that is probably grounds to modify the custody order. Until it is modified, however, you must comply unless you have evidence that his girlfriend and/or parents are legally unfit to care for the children.
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