Legal Question in Family Law in California

Modification

My ex is really pestering me about not keeping him informed regarding my son. I make decisions that I feel are right for my son and he questions them. He bothers me about more visitation and has even quit his job, thinking that he will get more time. I am re-married and my new husband is great to my son, and I really don't want my ex involved at all, except for maybe one overnight a month and getting the child support. I have filed an order to try and get more support and less visitation for him. He says that I have been alienating my son from him and not involving him in the decision making process. Could he have grounds to get more custody time?


Asked on 9/30/02, 3:05 pm

3 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: Modification

Frankly, if I were representing your husband, I'd seek custody.

Your letter did not indicate that he is in any way a poor parent. You seem to be of the opinion that your son is your's, period.

I'd suggest that you make an attitude adjustment and realize that the father has just as much right to be a parent as you do.

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Answered on 9/30/02, 3:27 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Modification

Is "your" son also your ex's son? If so, he's an equal parent with equal rights, and the court will agree, unless it's not in the best interest of your son. After a divorce, parenting duties are shared, and the inconveniences this sharing causes are just a part of the divorce consequences. The court will not be inclined to give you even more custody and more money without showing this will benefit the child.

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Answered on 10/02/02, 11:52 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Modification

It is rare that you hear only one side of the story and come to the conclusion that the one telling the story is in the wrong, but you have reached that point, for both Mr. Kremer and myself. I would recommend that you take a co-parenting class before you go to court. In making an order for custody of a minor child, the judge is mandated to consider which parent is most likely to allow the other parent frequent and meaningful contact with the child and by your statement, you are not the parent that will do that. By that standard he wins. You are really lucky that you ask for advice before going to court or you would have made a major mistake when you walked into court. If you can cancel your hearing, I would do that also. One final recommendation, if you don't have an attorney, get one, you need to make sure that the judge does not see your real intentions. Good Luck, Pat McCrary

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Answered on 10/02/02, 10:23 am


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