Legal Question in Family Law in California

I just finalized a divorce about 6 months?and there are rules for visitation of my son that we both agreed to and signed. She has physical custody and is not abiding by some of the rules that we agreed on. Such as not allowing my son to speak with me when I call, his school had no idea who I was and I am not on the emergency contact list she won't put me on it. I don't need to go through everything but you get the idea. Do I have to take her back to court to get her to follow these rules? I don't want to go through that again. Are there any alternatives can we go back into mediation?


Asked on 10/30/14, 12:53 pm

2 Answers from Attorneys

You can go back into mediation if you both agree. Otherwise your only alternatives are a motion to make you the primary custodian and/or to have her held in contempt of court.

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Answered on 10/30/14, 2:22 pm
John Molina Jr. Law Offices of John Molina

The first thing you would need to establish in the brief fact scenario is whether the "rules for visitation" that you and your wife agreed with and signed became a final order of the court. This would typically mean that the judge or commissioner in your case not only approved your agreement, but also signed it in an official order document that is filed with the court handling your matter.

Presuming that this has been done and the terms of said agreement are clear as to you and your wife's responsibilities under said order, then you have an enforceable order.

When you have an enforceable order and either of the party violates one or more of the parts of said order, the other party may seek to have the violating party held 'in contempt' by the court (this is a fancy way to say that there is a violation of the enforceable order). If the court, through a noticed hearing, finds that the violating party indeed is in contempt, then there are consequences to said violations against the violating party.

Determining whether this is the best alternative for you in your particular situation is something that you would need to speak to with a competent and professional attorney that will inform you of your rights. If you are interested in setting up a no-obligation consultation with an attorney that can do just that, call attorney John Molina at (888) 790-5053.

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Answered on 10/30/14, 2:38 pm


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