Legal Question in Family Law in California
Non-Custodial Parent's visitation rights
I live in Texas and I want to fly in to see my kids in a couple of days,(because son is having disipline problems)but I am afraid my ex-wife (divorced for 10 years) will not let me see him. When we were divorced I lived in CA.I have now been living in Texas for about 7 years. In the papers we have joint custody. It states that I can get them every other weekend and holidays.But its never been an issue. She usually lets me get them when ever I am in town.So I would'nt even know if it was actually me weekend to get them or not. Since I have joint custody, do I have the right to see them? If I do have the right to see them and she does'nt let me, can I get the police to help?
1 Answer from Attorneys
Re: Non-Custodial Parent's visitation rights
Dear Inquirer:
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NOW, IN RESPONSE TO YOUR INQUIRY --
There's a big difference between joint legal custody and joint physical custody. You don't say which.
Law enforcement can, but probably will not, help you enforce your court order (if you bring a certified copy with you and if it is, in fact, your weekend). It depends on which department is involved, but the cops usually take the position that there only job is to keep the peace.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.