Legal Question in Family Law in California

I share joint legal custody of my son with his father who has primary physical custody. In our visitation orders it states: "mother may parent child 10 days after the last day of the school year for up to two months for the summer." He refuses to let me have him this summer. I live in Southern California and he lives in northern California. I am going up there even though there is a chance he isn't going to let me have him. I am wondering if I can get a sheriff stand by in the county he lives in if they can do anything for me. I have a week to show up in West Sacramento so I need to know my best bet. Thank you


Asked on 6/13/12, 4:28 pm

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Your court order language of "may parent" is not the same thing as "shall parent". If you try to enforce the order with this language, the sheriff may be reluctant to allow the child to be turned over to you without having a clear order mandating summer visitation. I urge you to file an ex parte motion to get an order mandating the summer visitation.

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Answered on 6/14/12, 6:50 am


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