Legal Question in Family Law in California
Visitation Order
I have a visitation order that specifies that I can pick up my child 10 days from the last day of the school year, for the summer. However there is no specification on when I am to return my son.
Our custody order is temporary, my son's father has had him for almost 3 years, we have joint legal but the father has physical. What are my chances if I petition the court for full physical custody because I believe that I should have a fair shot at raising my son. I have a good job, a home, I can do everything that his dad is doing for him, yet for some reason the judge never listens to me. I want my fair chance to be with my son, who I feel was unfairly taken from me. He is starting kindergarten, he is five and I have missed a lot of his growing up. I have another child who is two, and watching her grow up is amazing. His father accused me of being on drugs, and no job and other things, and that is why he has physical custody. But now, I think I can make a better life for him, but mostly I want my chance to be with him again. How should I go about petitioning the court? I refuse to bad mouth his dad, though I could very easily, but I don't want to be like him and use that as a basis.
1 Answer from Attorneys
Re: Visitation Order
Courts are reluctant to change custody when a child is doing well with a parent. Your best approach would be to request additional time with your child.