Legal Question in Family Law in California

I currently share legal custody of my 2 children. One is 7yrs, and the other is 3yrs. I have a Parenting Plan.... It states that Neither Parent is to remove the Our Children from the current County Both Parents live... I have recentley found out that my Co-parent has been living with her new boyfriend on the weekends.... That is in another county.....Would that be a violation of the Parenting Plan? It also specifys that she needs to notify me when traveling more than 50 miles away...She has never done so... How do I get it addressed?


Asked on 8/11/11, 3:53 pm

3 Answers from Attorneys

The order regarding the county is about changing their permanent official residence, not weekend visits no matter how frequent. As for the 50 miles, if it really says she has to notify you every time she takes the kids 50 miles away, that is a rather bizarre provision and highly unlikely to be enforced. I suspect what it actually says is that if she MOVES more than 50 miles away, but stays within the county, she has to notify you. Again, that would be about changing their official permanent residence, not visits, regardless of how frequent. Even if the parenting plan is so badly drafted that it actually prevents her from leaving the county at all with the kids, or going more than 50 miles with them, if you take it to court, it will just be modified to a realistic and reasonable version, which is that notice and consent are required for actual residence moves, not visits.

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Answered on 8/11/11, 4:02 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

The questions that need answers to provide a proper legal analysis are :where are the children when the mother is with her boyfriend? Even if the children are with their mother for those weekend visits, does that arrangement harm the children or impact your actual custodial time? Is the mother traveling more than 50 miles away with the children and ,if so, does this harm the children or impact your custodial time? Without additional answers to these questions or more of a back story on why those parenting terms were originally even part of your custodial plan, it's difficult to ascertain the best remedy.

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Answered on 8/11/11, 4:09 pm


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