Legal Question in Family Law in California

minor children living w/mom want their stuff

Situation/a few questions: my fiancee's children recently 12 and 13 have choosen to not ''visit'' or be with their father at our house since father's day 2006. Per the court order (he has 20% custody) the children are to be with him every other weekend, Fri afternoon - Mon morning. The mother supports the children not coming over. Is this not in contempt of the court order? Interesting that the visitation stopped after arrears was paid off around May of 2006 (court deemed at one point fiancee and x-wife separated 5 years, went back to court and then deemed that considered married and had to pay more support). The childrens mother is re-married but still wants to control the childrens time with their father, (fiancee and I together 6 + years) trying to set up dinner or events where the children visit their father only for a brief 2 -3 hours, excluding all other members of family. How to stop x-wife control? Now the children want their ''stuff'' (clothes, dresser,fishing rods, etc.)that is at our house. They have been told/and know that what stuff they have at our house stays (including underwear,cds, etc) due to problems that have occured when the kids go back to their moms not with moms clothes on. Do the kids have rights to stuff?


Asked on 2/02/07, 12:25 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: minor children living w/mom want their stuff

You need to file a motion to modify the child sharing arrangement and enforce the court order. Generally, a 12 and 13 year old cannot chose not to spend time with a parent. Contempt is not an effective method unless other attempts to establish and enforce the order have failed. Get an attorney who can get you an enforceable custody order. Good Luck, Pat McCrary

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Answered on 2/05/07, 10:28 am


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