Legal Question in Family Law in California
Hi,
My wife's attorney drew up an agreement and though it sounds correct, I wanted to ask if there could be any ambiguity about this statement:
"Petitioner is awarded the care, custody and control of the minor children of the parties, KH and CH. Respondent shall have the right to visit said children at reasonable times and places."
I am trying to make this split amicable but certainly do not want to give up any rights in visiting my children. Does the above statement allow me to take my children for outings or for weekend trips or am I limited to visiting them only in their mother's home? Thank you
Bob
2 Answers from Attorneys
If you are like most divorcing couples you will eventually be back in court over that provision. It is totally and rediculously ambiguous. Sooner or later you will be fighting over what is reasonable times and reasonable places. I can't predict if she will eventually argue that only visiting in her home is reasonable, but she could, and you could make just as good or better that it is unreasonably restrictive, and then what do you do? Back to court. If it is not about that it will be whether Friday after school to Sunday evening is reasonable, or only Saturday morning to Sunday afternoon. It WILL be something. Make a clear and specific parenting plan with a clear and specific schedule of custody and no language about places except perhaps to preclude leaving the state or the country without written permission (written permission is required to leave the country these days anyway).
P.S. The best and really ONLY way to keep a divorce amicable is to do two things. 1. BOTH remember to put the kids first and 2. Put everything in clear writing that is not open to interpretation. You are always free to deviate from a clear schedule by mutual agreement, but having something to fall back on when you don't agree, that is clear and simple, is essential.