Legal Question in Family Law in California
Visitation notification that is allowed
My wife has a divorce/child support/visitation case based out of california. Her, I, the kids stepparent, and the kids legal residence is in Colorado. The father still lives in California. The kids visitation was scheduled for this week of Thanksgiving, however it is the fathers responsibility to arrange for travel. On the 16th of November an email was sent by him telling us that he could not afford to send the kids out to CA becuase air tickets cost too much. He then called today and tells us that he bought a ticket for a flight that leaves tomorrow morning, on thanksgiving. We were wondering if there is a clause that states a certain amount of time that he has to make the travel arrangements. He does have 10% custody of the kids and was scheduled to have them for 1 week at Thanksgiving break.
1 Answer from Attorneys
Re: Visitation notification that is allowed
Many custody orders say that the travel arrangements must be made in advance but if it doesn't then you could refuse to change your plans for the holiday. He in turn may file a motion to return to court for additional orders.