Legal Question in Family Law in California

I received form FL-680 in the mail stating I need to pay more in child support and it has a court date set. My ex wife has been trying to get me to change our current arraingment. Currently, I have our 4 and 2 year old every other weekend fri evening til mon morning, and 1 night a week over night. I advised her I wouldnt give up my over nights and she said fine, I will stick to the current court order. The current court order that we agreed upon a year ago(out of court) says only every other weekends. At the time we didnt put the week night in because I was working 3 hours away so the night varied. Was stupid on my part to sign but we were on good terms, I never thought she would do this. for the last year I have never missed a weekend or a night during the week, can she now enforce this? Wont it look bad in court that all of a sudden she took my week night away? Also:

Do I have to file FL-380 to discuss/seek more custody? From my understanding the court date for child support is strictly about child support?


Asked on 4/27/12, 11:41 am

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Your understanding is correct, the only thing they will be discussing is support. You need to retain an attorney to file for modification of the custody and visitation order and make sure your motion is filed properly. The form you mention is not correct. For further information, visit http://www.ellifritzlaw.com

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Answered on 4/27/12, 5:16 pm


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