Legal Question in Family Law in California
Parental Rights
My ex husband and I have joint legal custoday. He recently took a job out of the city, lives there during the week, and comes home on weekends. Does he have any legal rights to demand that our two kids be in his wife's custody while he is out of town?
1 Answer from Attorneys
Re: Parental Rights
Cases such as this are difficult for both the parent and the court. Father has the right to leave the child with a qualified care provided when the child is with him. However, in this case your argument would be that the child is not living with him but a third party, his wife. Your best option would be to ask for the first right of refusal if he will be leaving the child in the care of a thrird party for more than 48 hours. This would give you the right to have the child with you during the week when he is working out of town. It would not change his custodial rights and time share. If he were to get a job where he is not working out of town his visitation would return without further court action.