Legal Question in Family Law in California
I have sole custody of my two children ages 3 and 1. My Ex-husband abandoned my oldest which was 6 months old at the time and I. Both of our children have only seen him a total of 4 times in 3 years. Our youngest has no idea who his father is. In the divorce decree it states he can take the children for 2 weeks with enough written notice. He has certified a letter saying he will designate his mom to pick up the children for the 2 week visitation. The problem is I have a serious commitment that I had planned for 6 months in advance on the dates he wants his mom to pick up the children. I cannot change this commitment and the children are included in these plans. I am more than willing to let him take the children but I am wondering if I can reschedule the visitation for a month later? He is not very compliant, understanding or willing to compromise with me even though I am happy to let him take them just not at the time that he believes is convenient for his mother to take our children. Is there any way I can reschedule his visitation with them for a moth later? Our divorce decree does not say I have to comply to his request and please him on the dates he chooses.
2 Answers from Attorneys
If you cannot solve your problem by agreement you will have to go to court and get a determination.
Your fact pattern does not specify the dates of your commitment. The sooner you file and serve a motion the better your chances are to get this issue before a judge to resolve the conflict before the date in question. The courts continually suffer hearing delays because court ordered mediation appointments are backlogged.
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