Legal Question in Family Law in California

Mother Not at Pre-scheduled location

We have an agreement that has not been court ordered (we are currently joint custody). But we have been following a privately mediated agreement. My daughter is almost 3 yrs old.

The mother has been problematic since day one. constantly late, changing agreement times unilaterally...

Today the mother was supposed to be at home at 3:30pm (after my weekend) Sunday. She was a no show (and I have a pager and a cell phone) I waited for 35 minutes. I eventually went home. She knocked on my door at 7:45pm. I tried to simply talk to her and she ignored me, and began to call for my daughter who could not hear her because I was playing music (on purpose to circumnavigate this type of behavior).

She began to ring the doorbell repeatedly, bang on the door, yell loudly.

Eventually she took off. I assume she will be back with the police.

What are my rights in this situation?


Asked on 9/10/01, 12:57 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Mother Not at Pre-scheduled location

You need to hire and attorney and either go for custody or have you agreement put into a formal Court order. Without a formal Court order both of you are entitled to custody of the child so if the Police do come I would tell them that you are the Child's father, and you have taken custody.

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Answered on 10/25/01, 8:43 pm


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