Legal Question in Family Law in California
If one parent has physical custody and joint legal custody and has for several years and that parent has to leave for some time away from the children, can that parent sign their portion of custody over to a grandparent or their wife as long as the original visitation continues?
2 Answers from Attorneys
Yes, provided there isn't a right of first refusal provision for caring for the children in the current parenting orders. However, depending on the circumstances, the situation you describe could also give the other parent grounds to seek a modification of the custody order. It would depend very much on the length of time and reason the primary custodial parent will be away.
Unless there is an agreement with the other party, that party is likely to file an Order to Show Cause with the court to modify the custody/visitation order to where they would have primary physical custody. There are more factors involved that I would need to know about.
BARRY BESSER
www.besserlaw.com
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