Legal Question in Family Law in California
Transportation of Children
I have two children, ages 15 & 13, that live 2 1/2 hours away (one way). I pick them up and take them home for my visitation which is every other weekend. I would like the mother to share in the transportation and pick them up at the end of my visitation so that I get more time ''in the house'' with them rather than ''on the road'' time. Is this a reasonable request to present the judge with?
The mother is in a gay relationship and insists that the kids call her partner ''aunt'' when they are with friends or in mixed company. The children don't like doing this! Can I stop this?
Thanks for your time.
1 Answer from Attorneys
Re: Transportation of Children
Yes, the courts have a generic, preprinted order that the parties share in the costs and duties of transportation. The "aunt" issue is not as clear. I know it may be hard to believe, but Courts do not have a generic preprinted order that says, "and the adolescent children shall not be required to call the mother's gay partner aunt when in mixed company if it makes them feel uncomfortable." The good news is that the courts have very broad discretion when making child custody orders, and if a teenage child does not feel comfortable doing something he feels is immoral, the court will usually go with the desires of the teenager. If the teens wanted to move in with you, the court would probably grant that as well.