Legal Question in Family Law in California
Visitation questions
My divorce decree states visitation around, Christmas, Thanksgiving, birthday and in the summer. I have sole physical custody and joint legal custody. My divorce was 4 years ago. In that time we have each re-married and I have had 2 more children. Also, our son was diagnosed with Autism (mild). When he visits his dad it takes him several days, if not a week to adjust. It is a problem when he goes to school. Also, his father wants him for the whole holiday and I think that is cruel to him and his younger siblings. I don't mind sharing the holiday, but for him to demand the whole time is awful. Is this something I need to look at legally? If he takes me to court does it need to be in the county in which the child resides?
2 Answers from Attorneys
Reply: Visitation questions
If you want to change the underlying order because circumstances have changed over a period of time, you have to file an Order To Show Cause for modification.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Visitation questions
The ionformation you have provided is very sketchy. However, if the judgment does not specifically state that the other parent is entitled to the entire holiday, then he is not entitled to it. If jurisdiction for the divorce action is in California then it remains there. However, if you have moved location and the children are residing with you, then you can file a motion with the court to transfer jurisdiction to the location at which the children reside. This would also be true if you moved to a different area of California. ie. From Norther California to Southern California. You should speak with an attorney.
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