Legal Question in Family Law in California
My ex-wife, with whom I share 50/50 legal and physical custody with, works during her time with our child. He is 3.5. On my days, my wife and I care for him. My ex has insisted that my child's stepmother not be allowed to take him to any classes we have him enrolled in because at his age they are all "parent participation" and she is overstepping her boundaries. I say that on my time, I can allow him to do what I choose so long as it isn't harmful (obviously toddler time at the library is not.) The child knows who his mother is and that his stepmom is his stepmom- she's been in his life since he was 1 and he can certainly distinguish the two. Does she have the right to dictate what we do? Our order doesn't state that we need each other's permission to enroll unless we want the other party to pay half.
1 Answer from Attorneys
This is a sticky area where there is no express rule of law, but more an area where the history of the case and the court gives more guidance. You should consult with a lawyer in the county where your case exists to get a better read on the court and general feelings.
In my experience, while the orders in your case may not have an express prohibition, common sense suggests you do as little as possible to annoy each other. New spouses, especially if seen as "replacements" can be an area of friction. We always strt by trying to look at the best interests of the child and meeting developmental needs. Most courts look at your time, as your time, not simply time for your spouse to parent in place of you. However, we all see practical realities of a new more diverse family unit. I see no limitation, but you should tred carefully and not just have your new wife do it all.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
