Legal Question in Family Law in California
My wife had 50/50 custody of her daughter. The previous court order stated if the ex husband moved out of county he would have to give up his half of custody. He did buy a house and move out of county so when they had their mediation the mediator suggested their daughter live with father. Daughter told mediator she wants to live with mom but go to dads school. All parties agreed the school at dads was better but my wife still wanted to keep 50/50 and all downtime. The judge ruled in favor of ex husband and now my wife barely sees her daughter. 3 weekends/month, holidays are split to where it's one sided each year. My wife has gone 2 weeks since she last saw her and won't see her again for another 2 weeks. Pickup and drop offs are in his favor. We puck her up from her school and he picks her up at a half way point.
2 Answers from Attorneys
I would agree that there are better orders that could have been made, but the only remedy that you have would be an appeal, that the is not likely to be successful. Keep close track of your daughters progress in school and how she tolerates the current schedule. If there are problems or any significant changes you can ask for a change in the order.
The court continues to have jurisdiction over the children until they reach the age of majority. If there are significant change of circumstances that might justify a revisit of the timeshare, then you should file a new request for order. You may also wish to consider a child custody evaluation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
