Legal Question in Family Law in California

What are the legal rights differences of having 50/50 joint & legal custody and

My divorce ended with my ex husband and I sharing joint and legal/physical custody of our child 50/50 according to the decree. However, I was awarded custodial custody. My ex see's our child only 35 -40% of the time now but has delivered a letter from a law firm that states he want's more custody during the summer. Our son, although only 7 would rather not spend more time with dad. There has been no change in circustance to warrant this change other than I getting engaged and my intended moving in. I want to have my son during the entire school week which would be less time for the ex. Our son is starting to have some disiplin issues and I was thinking it would be benifitial to have a phycologist see him. If it could be determined that less time with dad would be better could I get both the visitation and terms of custody altered? I wan't more than 50% but dad has already started to try to make me look like I'm not a good parent saying medical issues are being overlooked because I didn't take him to have a physical every year. How can I defend myself against his maligning ways?


Asked on 7/13/02, 11:14 am

1 Answer from Attorneys
Douglas A. Crowder Crowder Law Center

Re: What are the legal rights differences of having 50/50 joint & legal custody

Either party can request a change of visitation based on changed circumstances. Your ex is not entitled to more visitation than the judgment provides unless he makes a motion to modify the visitation. If he does so, you can make a counter-motion to decrease his visitation.

There is no way to prevent him from making any allegations he wants to make to the court, since he has a right to do so. You are allowed, of course, to respond to any allegations he makes.

Overall, it would probably be less stressful, and a lot less expensive, for you and your ex to reach a compromise on the visitation issues. If you can't do so with one-on-one communication, a mediation might help.

Read more
Answered on 7/13/02, 2:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California