Legal Question in Family Law in California

I am the mother. My son's father and I have had a custody agreement since my son was a baby. At that time we both lived in California and I was the primary parent. Our agreement has never been modified or changed. Our son is now 14. I have moved to Conn. for health and financial reasons with my partner and our two smaller children. Due to my son's age I agreed to allow him to stay in California to live with his father so he could stay in his school, with his friends and his sports. Our verbal agreement was that he would come see me on all school holiday's and the majority of summer. He, as well as my son, modify every holiday by either not having him come, or cutting his time way short due to sports. He signs my son up for sports which I'm ok with but they are interferring with my custody now and I'm barely getting to see my son because of it. My son won't call me except for once a week (because he claims he is so busy) and when I call his father to have him help me he brushes it off and says he can't make him. I told him I would go to court to get a court order for visitation and calls and co-parenting rights (of which his father says I have none) and his father says to go ahead, that my 14 year old can choose and no judge will make him.

Can you please help me by telling me what rights I have so that when I hire an attorney I know what I'm getting into first.

Thank you.


Asked on 9/16/11, 8:41 am

1 Answer from Attorneys

You are asking us to write a treatise for you, because your question is so broad. The father is wrong that you have no co-parenting rights. He is also wrong that the court will do whatever the child wants. There is a recent statute that says the court must hear the wishes of a child who is 14 or older, but that does nothing to change the fundamental rule that the court must make an independent determination of what parenting orders are in the best interests of the minor child. As we all know, what a child wants and what is in their best interests are often, but far from always, the same. In any case, a court is going to order some reasonable contact and visitation plan, and if the father keeps fighting that and interfering with your relationship with your son, you would even have a decent case for the child to be ordered into your custody in Connecticut if it would be appropriate for the child.

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Answered on 9/16/11, 11:55 am


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