Legal Question in Family Law in California

Want to increase visition time with son

Our divorce was filed in 2004 when my son was 6 years old and we have joint legal custody and she has physical custody and I have rights of visitation. At that time, I worked long hours and traveled extensively and my ex-wife was a stay at home mother. The stipulated judgement was written for me to have my son every other weekend and 2 days a week every other week. My ex-wife was to drop my son to me at 6:30pm during my weekdays and I would drop him at an unspecified time in the morning back at his mothers or a babysitter. Since then I remarried and have 3 other children and am a stay at home father. My ex-wife is working full time now. I have asked her to allow me more time with him. In particular, during the time she is at work he could stay with me instead of with her mother or a babysitter. She refuses any extra time and with me and want to stick what was written in the judgement. The judgment has alot of gray area and this has become a point of contention between us. All I want is to spend more time with my son while I have the chance. MY QUESTION: Am I out of line asking for more time now that I am a stay at home father? If not, is it possible to ask the court for more time with using an attorney?


Asked on 7/10/09, 5:34 pm

1 Answer from Attorneys
Fred Begun Law Office of Fred C. Begun

Re: Want to increase visition time with son

Dear Sir,

First, the issue of changing custody or modifying visitation is more one of working grey areas and an accumulation of small factual changes. It would be very important to know how the judges and system in your county works. Therefore, you should strongly consider consulting with an attorney in your county.

Second, the critical analysis focuses on whether there has been a "substantial change of circumstances". Time alone is never enough. Time plus critical ages of children, school changes of children and other factors, such a your life, will usually be enough to justifiably seek a change.

Third, other than your want to have more time with your son, would more time with you be best for your son's life, schedule, and overall development. Hard questions to ask, even harder to answer. Hope this helps.

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Answered on 7/13/09, 4:54 pm


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