Legal Question in Family Law in California

My ex and I share 50/50 joint physical and legal custody of opur 13 year old, he has decided to travel to Nepal for 4 weeks and for the 2 weeks that should be his time he has made arrangements for our child to stay with his older parents. Do I have the right to have her stay with me the entire time he is in Nepal?


Asked on 7/02/10, 5:31 pm

1 Answer from Attorneys

Generally the custodial parent has the right to arrange child care on their time when they cannot directly exercise custody. However, the majority of divorce settlements and judgments have a provision that if either parent cannot directly care for the child for more than x amount of time, they must give the other parent the option of taking the child, before making other arrangements. So you need to check your divorce orders to be sure of the answer on this.

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Answered on 7/02/10, 10:20 pm


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