Legal Question in Family Law in California

Moved back to CA from NM (visitation issue)

I am primary/ joint CP and my court ordered visitation states every spring break, christmas even/odd years and 6 weeks in the summer for dad. (I lived in New Mexico and Dad in CA). Since I moved back to CA in 2006 dad has demanded all summer or had an excuse to keep our son even after I asked to have our son back when the six weeks ended. Dad sees him for other weekends as well. Our son will be 13 in August. The father is now demanding I follow an old court order from years ago before I moved from CA. Our venue is San Diego Family Court. The dad is very demanding and tries to scare me that he will get an attorney if I do not agree with him. 1) Is my court order still valid for same visitation schedule now that I moved back to CA. I do not want to change the order either. 2) Do I have to change my visitation schedule?


Asked on 3/27/09, 11:41 pm

1 Answer from Attorneys
Garrison Klueck Law & Mediation Offices of Garrison Klueck

Re: Moved back to CA from NM (visitation issue)

Court orders remain valid until they are superceded or replaced by newer orders. There are only two ways to get new and different orders. Either the parties agree or stipulate or the judge decides at court. (Even stipulations get signed by the judge, but that is not the result of a hearing or court appearance.) What confuses me is that you spent most of your time explaining how problematical the old orders are and how they let your ex essentially bully you. But then at the end you say, "I do not want to change the order either." If the old orders are so much trouble, why do you not want to correct and change them? Contact me directly to discuss this. I have offices offices all over San Diego County.

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Answered on 3/28/09, 1:57 am


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