Legal Question in Family Law in California
My ex and i have been separate for the last 6 months. I have my daughter living with me, he visits her every sunday. He pays child support on a verbal agreetment so that i won't take him to court. I tried to take my daughter on a vacation inside the US but he didn't allow me to. I tried a verbal agreetment that ill be back in a couple of days but it didn't work out.I was advice by a counselor not to file for custody and tried to work thigs out without the court. What can i do to take my daughter with me on vacations? Can i file for physical custody?
3 Answers from Attorneys
Certainly,a custody agreement--whether it be joint or sole--can cover the issues of vacations. You ought to talk to family law lawyer about the advantages and disadvantages of getting a judicial order on custody. Perhaps just the threat of going to court will encourage your ex to allow you to take the child on a vacation. You can tell him that it is likely that the court will let you take your daughter on the vacation and if he is afraid of going to court he will be better off letting you go on the vacation.
To have a normalized and predictable parenting arrangement, you need court orders delineating the timeshare. If you are ending your marriage or domestic partnership, you would file a divorce petition with a motion for child custody and visitation. If you are ending a non marital relationship, you file a paternity petition along with the motion for custody and visitation.