Legal Question in Family Law in California
Visitation schedule per FCS and court
My sons dad has every other weekend and every Wednesday, this was arranged prior to my son being in multiple sports and my daughter being old enough to play sports. The wednesday visit we are not always able to make due to her and his practices and games, would I win in court a variable day per week? He says I can not change Wednesday due to my daughters sports or etc. it is my problem not his. But my husband works until 10pm so I have no one else to take her to these things.
Thank you
Stephanie Melin
2 Answers from Attorneys
Re: Visitation schedule per FCS and court
A change in the visitation schedule may require showing the court that there has been a significant change of circumstances. Your family's changing schedule may or may not meet that criteria. A change will always require showing that the change is in the child's best interest. But before incurring legal and court fees and potentially opening up Pandora's Box (because if you go to court to change visitation, the other parent may seek changes that you don't want), try to work this out informally. Maybe you an Dad need a different transportation plan for your son's Wednesday visits, or different pick up times. If he won't cooperate, maybe you can network with other parents and form a carpool to help with your daughter's activities.
Re: Visitation schedule per FCS and court
A minor change in schedule does not require a change of circumstances. Whether the schedule will be modified may depend upon the judge. Most judges will encourage the childrent to be involved in activities and you would get a change of schedule. Good Luck, Pat McCrary