Legal Question in Family Law in California
My question is regarding custody. My divorce started 1/09, last trial was11/11. I am awaiting for my judgement to be entered by the court.
During this time frame I was awarded spousel support and child support and my ex was granted a visitation schedule. In my initial petition I asked for physical custody and joint legal custody.
After the last trial in November once the minutes of hearing were issued the judge stated that my ex was ordered to pay to the "Custodial Parent" for the support and maintenance of the minor child, and the amount, etc. Then he states "The court awards Joint legal and physical custody. The respondent is awarded reasonable visitation.
It seems to me and to others that there was an error made in regards to the custody stated. I did call it to the Judges secretarys attention, and without her getting off of the phone and checking, she just responded that their was no error.
The problem that arises now with custody is our daughter is now 16, her father has saddenly gotten involved with drugs is homeless and ultimately is exposing our child to unsafe environments. Our daughter now chooses to be with her father, because of course with him she has FREEDOM.
I'd like to get an attorneys opinion as to the error suspected, so that I do not waste any more time, energy, and money pursuing this.
Thank you.
1 Answer from Attorneys
I see no error based upon what you have written. But, the order also says, "reasonable visits". If you cannot agree, then you are in the cat-bird's seat to determine what is reasonable. On the other hand, you have a defiant 16 y.o. And, after the first of this year, the court must "consider" the child's wishes (although that is not to mean that the court must follow her wishes). You should bring the matter to court to cut his visits if you can prove his issues of drug use and homelessness. But, regardless, this will not necessarily stop your daughter from being defiant. Good luck!
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