Legal Question in Family Law in California

Last fall I took my soon-to-be ex to court to modify custody. I moved into her neighborhood and requested 50% custody. The Mediator did not recommend 50% custody due to the young age of our children. But at the subsequent hearing, the Judge added additional orders stating my ex and I would share custody 50/50 alternating weeks during the summer and Christmas breaks, starting in 2011.

Now it is almost summer 2011 and my ex and I are discussing dividing the summer. She is a teacher and I am not. And she says it is not in the kids best interest to be with me since I am working. Of course my point is, she has full custody all school year even though she is working, so how is this different. Not to mention that the Judge herself added the week on/ week off stipulation for summer to our visitation order.

We have a trial date set for May to finalize our divorce. She says "this will be discussed at our trial". My question is, can she bring up this new business at our trial? We just received this Court order last November and we haven't even implemented it yet. Doesn't my ex have to file to modify the custody/visitation and prove a change in circumstances just like I did?


Asked on 5/06/11, 4:24 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

She must establish a change in circumstances to modify the prior order. However, unless you object to the new issue at trial she can raise it. Even if you object, the court normally will just continue the hearing to a date that provides you with adequate notice.

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Answered on 5/07/11, 4:39 pm


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