Legal Question in Family Law in California
modifing a visitation order
I have custody of our 3 children and was granted a permanent move to Kansas from California with them. The order states that the father gets the children for the whole summer vacation except 2 weeks. He refuses to talk to me about any arrangements and usually goes through the children. He has no legal residence and has yet notified me of his residence at his workplace. It is in a metalshop which is a room with a bed only and plans on putting bunkbeds in his office. I refuse to let him have the children until he has a safe and legal residence for my children to stay at while they are with him during the summer. He also drives a small truck that sits 3 people only. I believe he needs a vehicle that restraints all three children. I was told by my daughter that he is planning on renting a car and driving down to get them in 3 weeks. I am afraid since the last order does specify his getting them, it doesn't mention any specifics that he should have a residence or sufficient transportation. What can I do to stop him from taking them?
3 Answers from Attorneys
Re: modifing a visitation order
Because the orders were made in California, California has jurisdiction over this matter. If you are sure of your facts regarding the father's residence status, I strongly advise that you retain the services of a competent family law attorney to file an Order To Show Cause with the court seeking to stop the visitation until the father can show that he has suitable living accommodation for the children.
You did not indicate in which city in California the court was located and therefore I cannot advise if this office can help you.
When this particular problem is resolved, you should probably retain an attorney to seek transfer of jurisdiction of the matter to Kansas (provided the court in California has not specifically retained jurisdiction)
Good luck and best regards,
Damian Nolan.
Reply: modifing a visitation order
In a general sense, you need to file an O.S.C. and ask the court to modify the visitation to address the issues that you have raised.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: modifing a visitation order
I suggest that you immediately contact a family law attorney in Kansas to find out if you can have the visitation order registered and modified in that state to reflect your concerns.
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