Legal Question in Family Law in California

Threats by Ex's Attorney

My wifes ex-husbands attorney sent a threatening letter to her stating that if we did not comply with their request to allow her ex to switch weekends that they would immed. file for a change in custody. The boys are 12 and 13 and do not even enjoy being with the biological father. I have raised them since they were 3 & 4. He has been filing frivolous stuff for several years and this is just the latest. They state that he is allowed 3 times a year and he has already switched 7 times. This would be the 8th time we switched weekends. We contend that if he wants to switch then he has to switch with us one weekend in November. The response that we received was a statement of CA law regarding visitation and then the following statemnt.

''Please arrange with (ex's name) to see the children this weekend or we will bring a motion for an immediate change in custody''

My question is whether or not she is legally allowed to make a threat of this nature. It almost sounds like extortion.


Asked on 10/08/04, 9:05 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Threats by Ex's Attorney

Based soley upon your statement of the facts it would appear to be a threat that has little chance of success. The court encourages parents to cooperate in working out visitation changes. The lack of interes on the part of the children in visiting dad is of little interest to the court, unless there is something more than they just don't like to visit. His request for a change in visitation should be reciprocated by his willingness to change visitation to help mom.

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Answered on 10/09/04, 1:01 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: Threats by Ex's Attorney

The court requires childrens' parents to cooperate with visitaton schedules for the good of the childen. If you agree to exchange a weekend for him then he ought to reciprocate.

Try to resolve the matter prior to litigation. However, I would say, it is the policy of this office to negotiate where appropriate - but we never, I repeat, NEVER, appease.

If you don't already have an attorney, then perhaps you should retain one if the other party files any paperwork.

Regards,

Damian Nolan

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Answered on 10/09/04, 4:10 pm


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