Legal Question in Family Law in California
My ex and I have never been married but have a child together. We have a judgment saying we have equal custody and there is no child support. I do pay for our sons insurance, day care, food, diapers, toys, and her rent so she could live in a nice place that's secure with our son. Recently we got into a fight and she wouldn't let me see our son. There is a clause in the judgment saying in the event either party can't agree that the child stays with the mom and the father gets him the first and third weekends of the month. That's what she was going to do. We worked it out though because I gave her more money. However if this happens again I want to be protected. Is there any way I can have that clause removed? I don't want to take away her rights or mine but want it to stay equal even in the event she's upset so that I can still see my son daily. Or close to it.
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1 Answer from Attorneys
The court order you reference is clear enough to give you Blocks of times with your son, however a more carefully crafted order with actual dates and times seems appropriate and would be easier to enforce if she tries to deny visitation during your court ordered parenting time .