Legal Question in Family Law in California
revoking 50/50 custody arrangement
I have had 50/50 custody for 9 years of my 3 children, the two older are out of the home, and on their own, the youngest is 15 will be 16 in Sept. Over the last two months, my son has gotten a new computer at him mothers house, and has not wanted to go to church with us even on her weeks with him ( we have one week on one with other parent) as he has done for 2 years. Last night we get a call from the X that my son doesn't want to come here anymore, as summer approaches he wants to be free to play the computer at his mothers, or stay up at my brothers in San Francisco for a month or so and not have to worry about coming back and forth to my home every other week. Do you know whether there would need to be a little more serious of a reason to revoke my custody then the whims of child and a mother who wants to do everything her son requests to please him? She told us she was not bringing him to our home on Sunday evening, I told come to get him myself. We live a mile away, he goes to the same school. She said she would not let him go with me, i told her i will have the police at her door. Please give me some advice of what to do, would i need an attorney or let the court papers stand for themselves? Thank you
1 Answer from Attorneys
Re: revoking 50/50 custody arrangement
Your ex would be in violation of Court orders if she does not bring the child. You could go into Court requesting a contempt order. With respect to a 50-50 order, and the child's age, since the child is considered an older child under the law, the Court could take into consideration what the child wanted. However to modify the existing order you or the mother would need to show a significant change of circumstances which would warrant a modification of custody orders. If the court makes this finding, than they would look at what is in the child's best interest. I highly recommend that you retain a lawyer to help you in this situation.