Legal Question in Family Law in California
Fathers rights to child visitation
My husband currently has 50%legal and 20% physical. We are trying to get shared joint custody. Is this possible? His ex had agreed to giving him 45% share time but took it away from him because he wouldn't give her more money. He is not trying to modify the support only wants more time with is kids.
Thanks
1 Answer from Attorneys
Re: Fathers rights to child visitation
He could probably get increased visitation. Family Code Section 3020(b) provides: "The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated
or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child..."
The fact that the mother allowed 45% visitation earlier shows that there is no detriment to the children of having that visitation arrangement.
The amount of support he pays or does not pay does not affect his visitation rights. However, he might be able to get the support reduced if he gets a larger percentage of time with the children.