Legal Question in Family Law in California

What should I write or concentrate on in my declaration for my OSC to change my schedule with my sons from 35% to 50% (9 and 11 yrs)? They want to be with me more but the ex is difficult and very resistant.I love my boys and I'm a great parent, esp. from what I've learned in PACT and other divorce education.


Asked on 9/26/09, 2:19 pm

1 Answer from Attorneys

A change of custody schedule requires a change of circumstances. So it is wise to focus on what has changed and tie that into why it warrants the custody schedule you are proposing. Depending on maturity and how articulate he is, the 11 y.o. is probably old enough to talk to the Family Court Services "mediator" about what he wants. Depending on your county, that might also make it into a report to the court. You might also give him the opportunity to write a letter to the court about what he wants (but do NOT make it something he feels he has to do and do NOT participate in writing it). Even at 17 yrs. 364 days kids don't get to choose what they want in a custody schedule, but a kid who is mature and articulate will be listened to and his wishes considered in the process. And if he says "all my dad did was tell me I could write this so I am. . . ," and it's true, that can be an effective way to present his view. Just make sure the ex and anyone else in the process gets a copy.

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Answered on 9/26/09, 3:43 pm


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