Legal Question in Family Law in California

My wife and I are wanting to move out of state soon and we are wondering if there are laws regarding certain amount of hours that by-law we would be able to see her son. Her and her son's father both have joint legal and joint physical custody but her son has primary residence with his father. Her son is almost 12 years old so I don't know if that would make any difference. Would we be able to fly him out in the summer, and on alternate holidays or school breaks even if the father didn't want to do that? Would this all have to go to court if the father didn't want to comply at all?


Asked on 10/28/09, 2:35 pm

1 Answer from Attorneys
Erin Levine Levine Law Group, LLP

The schedule you are proposing sounds very reasonable. If father is agreeable, your wife will want to prepare a stipulation (agreement). The stipulation will need to be signed by both parties and submitted to the court for approval. If father does not agree, then you will likely need to file an Order to Show Cause with the court who currently maintains jurisdiction over the child. The parents will be (first) sent to mediation to see if they are able to work out an agreeable visitation schedule. Best of Luck.

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Answered on 11/02/09, 3:04 pm


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