Legal Question in Family Law in California
Visitation Rights
My wife & I separated 1 year ago. In that year, she has allowed me to visit our two children 4 times per week, Tuesdays, Thursdays, and all weekend long.
She has now informed me that she will not allow me to see them except once every other weekend, because that's what ''the law requires''.
My question is twofold:
1) Until I file for divorce, is there anything I can do to ''force'' her to let me see them ?
2) I am not going to seek an Attorney, because I don't want any money - I am going to give her 100% of everything we own (almost $1 Million, including the house). I will also continue to be paying the mortgage and household bills, and providing her with enough money every month to have whatever she needs and whatever the kids need.
Will this find any favor with the judge when it comes to deciding upon my visitation rights, or is it more ''black & white'' decision making ?
Thank you very much.
4 Answers from Attorneys
Re: Visitation Rights
Having nearly equal time with the children is not an uncommon custody arrangement. The law doesnot limit visitation to every other weekend. You should reconsider your decision about retaining an attorney. Your generosity will not give you an advantage in the future regarding custody and visitation.
Re: Visitation Rights
You should file an Order to Show Cause for establishing visitation/custody along with your divorce papers. Also, although you may feel generous right now, I recommend not giving everything away. You may regret it later. Be fair, not foolish.
Re: Visitation Rights
Considering the issues involved, your decision not to retain an attorney may very well inure to your detriment.
There may be other issues involved that you have not addressed in your question. Although you have indicated that you will give your wife enough to sustain her and the children, the actual amount of child support will be determined by a judge - not by you. Additionally, depending on the family finances, term of the marriage and other factors, the court may determine an amount of spousal support that you had not contemplated.
The amount of time you spend with the children will also be determined by the court and will be based on the children's best interests. There is no "legal amount" of visitation and each case is adjudicated on its merits. Absent an agreement by the parties, the court will determine who should have legal and physical custody of the children, and the amount of visitation allowed to the non-custodial parent.
You will not receive any 'breaks' from the court and you would be well advised to reconsider your position regarding your decision not to employ an attorney to assist you.
Regards,
Damian Nolan.
Re: Visitation Rights
Property division does not have any bearing on visitation rights. You are mistaken by not getting representation. Call me directly at (619) 222-3504.
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