Legal Question in Family Law in California
Question regarding interpretation of Custody Order. Mother has 100% legal & physical custody. Father is allowed only professionally supervised visitation. Father does not exercise visitation.
Father finds loop holes in custody order. Latest one; Father wants to sign himself and our 14 year old daughter to take guitar lessons together. Mother considers this an unsupervised visit. Father believes because Custody Order states "parents may attend extra-curricular activities" that guitar lessons fall under that category and it is his right to take guitar lessons with her. Question at hand is; what is definition of "attend". My understanding is that is so both parents can be present for things such as; a child's team sports game, or a piano recital, or a performance of the child in a play or musical, etc., even when it is not their custodial time. But not for setting up activities so the parent and child can do them together regardless of the Order stating visits must be professionally supervised. Can you offer some insight in defining what "attending" means in a Custody Order and/or any insight on how to best deal with this and present good reason that Father's belief is incorrect? Thank you.
1 Answer from Attorneys
Supervised visitation is with a professional supervisor who is a professional supervisor during court ordered visitations. You should ask your local court for reccomendations for supervisors to use and ask how much their rates are. The father should probably foot the bill for the supervision. If he does not follow the custody order I would file a motion to get back into court and ask the judge to make further orders on whether attending guitar lessons is an unsupervised event.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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