Legal Question in Family Law in California

Non-primary parent's rights

I am a non-custodial parent and I recently filed a motion to modify the custody order and went to mediation but my ex and I didn't reach the agreement so the case is pending court hearing. Yesterday I went to school to pick up my children because their dad told me that I could have them until 8:30 p.m. Then the teacher informed me that he and his girlfriend came in to tell school that the children can only be released to after-school day care provider but me unless they contact my ex first. Can he do that without having a court order stating so? Or can the paper stating that he has the primary custody suffice? If I, a parent, cannot pick them up, what about the girlfriend? (well, I was informed a few days ago that she now is a step-mother.) I appreciate your advice.


Asked on 9/21/08, 11:33 am

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Non-primary parent's rights

You should file a motion to modify custody based upon the new changed circumsances. The determination would depend on if those changed circumstances warrant a modification of custody.

good luck.

As always consult a qualified attorney in your area before proceeding.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 9/30/08, 2:53 pm


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