Legal Question in Family Law in California

I filed paper work to modify the current custody arrangment. I'm petitioning for more time share to eliminate disturbances in our son's schedule. In 2008 we agreed on a 70/30 time share (father is custodial) due to certain circumstances at the time, which is still the current order, although I have my son much more than only 30% of the time. At the time of the agreement, it was understood that this matter would be revisited. Since then, my ex husband became employed as a police officer and has an irregualr schedule. I've has my son for weeks and months at a time, most times with a moments notice, due to my ex's work schedule. Last year I ended up having my son 60% of the year. Our son does so well when he is given a solid schedule, and I've tried explaing that to my ex, but he is hell bent on staying the custodial parent, even though it isn't to our son's benefit. He assumes I am on call 27/7 for his convinience if he has to work and our son is with him. I know the judge is going to do what is best for our child, since we are unable to work things out ourselves, but what is my LEGAL responsibility to serve as his "on-call" baby sitter? I always felt this moral obligation to help him out with his work schedule, but it's gotten to a point where he is taking advantgage and even becoming nasty if I can't take our son at a short notice (which is rare!). I didn't sign up for this career, he did! Most importantly, it isn't fair to our son!

Asked on 3/27/11, 5:55 am

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You have no legal obligation to take your son for any time that is not yours in the custody schedule.

Answered on 3/27/11, 2:29 pm

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