Legal Question in Family Law in California

I am currently in the middle of a custody battle with my soon to be ex wife. Due to my work schedule, I had agreed to an every other weekend and one evening a week, if possible, time sharing schedule. My schedule has changed so I had petitioned the court to have a week on, week off schedule. My day starts before the kids can be dropped off at school so, written statements in hand, my mother and live-in girl friend have agreed to get them to school. After several tense hours of mediation and many attempts to make me look bad, the mediator stated that due to me physically not being able to deliver the kids to school, I had no case and my request was denied. The reason stated was when a one parent is unable to provide required care or transportation when the other parent is able, that said parent is allowed first refusal. Can you please provide an explanation on if and why is it true?


Asked on 11/05/14, 8:02 pm

1 Answer from Attorneys
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

It is true in most of the cases. You could always forget mediation and obtain an attorney that is willing to fight but I am afraid you will lose. But I am just making a decision on the facts you have given me. If you actually wanted to pursue this and sit down with an attorney to see if there is some fact that will raise an issue that with give you what you want, that might be your bet option.

The reason they stated that when a one parent is unable to provide required care or transportation when the other parent is able, that said parent is allowed first refusal is because the child's best welfare is the number one factor that leads to the decision.

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Answered on 11/06/14, 5:13 am


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