Legal Question in Family Law in California

My ex wife is planning to take a trip out of country for 12 days. She has told my daughter not to tell me and is planning to leave her in the care of her 21 year old Aunt. We have joint custody. Is there anything I can do?


Asked on 5/19/11, 7:46 pm

2 Answers from Attorneys

First question is whether it is on her custodial time, which I assume it is. The next question is whether you have the standard clause in your custody order or agreement that you get first right to provide care when she will be away. If not, the next question is whether the aunt is unqualified to care for the child. If not, you have nothing you can do. If she is unqualified, you can go in ex parte for an order that the child be in your care.

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Answered on 5/19/11, 8:06 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

A deeper problem involves your ex's lack of communication over these important parenting issues. I predict future problems like the one you just mentioned if no steps are taken to tighten up the parenting order. A return to court may be the best next step.

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Answered on 5/21/11, 11:34 am


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