Legal Question in Family Law in California

Visitation

My child's father and I were never married. He was not a part of her life much for 11/2 years. At 18 months old, he took me to court over visitation. We settled outside of court. He is now getting every other weekend and one mid week visit. He is now taking me back to court (8 months have passed) for more visitation and to lower child support. He wants 1 overnight mid week and 4 weeks in the summer. Dosen't there need to be a "change in circumstances" for him to take me back to court? What are his chances of getting this? I am opposed to this because he is flakey and allways wants to change the visitation now to suit his fancy. Plus it would mess up her routine. Can you help me please? I know that he is trying to increase his visitation to lower his child support, he told me this.


Asked on 8/06/00, 12:09 am

1 Answer from Attorneys
Michael Gray Barber & Gray, LLP

Re: Visitation

The "change in circumstances" rule is not much followed in visitation cases since the mere passage of time is a change as the child is older. The Dad will or won't get more time based on what the judge feels is in the child's best interests.

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Answered on 9/28/00, 6:29 pm


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