Legal Question in Family Law in California
Visitation without current court order
My husband and I are going through
a divorce. Have not been to court
and no papers have been filed. We
have 5 year old. Verbal agreement is
everyother weekend and 1 night a
week for dinner only.
Memorial day is his weekend. I've
been informed that on his weekends
if they fall on a 3-day weekend as
this, standard would be Friday night
until Monday night seeing as the
holiday falls on his weekend. I've
informed him that I am okay with
this, but he has stated that he has
taken Friday and Tuesday off and will
be picking up my child Friday
morning and not bringing her back
until tuesday night. I am not in
agreement with this. I'm okay with
Friday night until Monday night.
What is my recourse since there is
no court agreement and what can I
or should I do if he doesn't bring my
child home on Monday night.
Please help. He is trying to control
the situation and threatening with
not giving me money if I don't do
things his way.
Thank you
2 Answers from Attorneys
Re: Visitation without current court order
You should get a child sharing order, otherwise he has as much rights to him as you have. His request does not seem unreasonable, if your son can tolerate the time, it seems like a great time for father/son bonding. Ask him for a telephone number or ask him to have your son call a couple of times, it would be good for you and your son to have the contact. I know its tought for you as a mom, but for whatever reason you don't live in the same home as his father and there are going to be more days like this over the next 13 years. Good Luck, Pat McCrary
Re: Visitation without current court order
File an OSC Re: child custody. You will get a court order that will specifically state when, where and how visitation will occur. Then if he tries to violate the court order you can call Child Protective Services, and they can make his life very miserable.
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