Legal Question in Family Law in California

I have sole physical custody of my two children, and have been their primary caregiver since birth. My ex husband has visitation every week with our children, but the children are having difficulties with their visits. They are having nightmares, upset stomaches, even to the point of vomiting both at home before their visits, or while they are with their dad. Currently he sees the children two days a week, including overnight. He wants two overnights every week, and threatens to go to court for joint custody if I don't comply. My concern is for my children's well being since they are having issues with one overnight a week. It's been 1 1/2 years that they have been going with their dad, yet they haven't adjusted over that time and it seems to be getting worse. They are on a waiting list for counseling (Their health care is through the state, so I cannot go to any doctor, therefore they were put on a waiting list). What can I do? Can he get joint custody? Can I request my children have counseling to cope better before more visitation is given?


Asked on 4/18/11, 3:04 pm

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

It sounds as if you are a bit confused about custody issues. Sole physical custody means that the other parent has no rights to custody at all, or some type of monitored visitation. What you describe is joint physical custody. You have primary custody, because the children are with you most of the time.

I don't know what issues the children are having, but are you helping your kids have a relationship with their dad? The stress of the divorce should be ONLY on the parents. It sounds as if there is alot of anxiety for the children around the visits, and there shouldn't be. You both need to examine your own behavior and be honest with yourselves. Maybe you and dad argue too much, and the exchange venue needs to be changed to avoid the possible arguments (like a police station, McDonald's or other public place). Since I have not talked to either party, I am not sure what the solution would be.

The children should have been helped by BOTH parents to adjust, and this is quite a long period for them to still have major issues. Maybe you are both angry at each other, but the kids don't need to be aware of it, especially if this is causing them physical symptoms. You have not brought up any abuse problems, so I am assuming there aren't any, and I don't suggest creating any just to gain an advantage. I am convinced that children need both parents, with very few exceptions.

What the judge will do in your case, I cannot say. I will say that the judges are concerned with the best interests of the children which includes allowing both parents frequent and continuous contact with the children. Help the kids get over their anxiety, and you are on your way to having very well adjusted children.

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Answered on 4/18/11, 3:43 pm


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