Legal Question in Family Law in California

My daughter has Sole Legal custody and they both have Joint Legal custody. In May they filed for permanent orders on what they agreed upon. Night Visitations was not included in the permanent orders. Now my grand daughter's dad is threatening to take my daughter to court because he now wants overnights. Can he do this? My grand daughter is 1 1/2 years old. How many years are the permanent orders good for? Please help. Thank You


Asked on 10/23/15, 9:32 am

1 Answer from Attorneys

Unfortunately there really is no such thing as a permanent custody and visitation order. Both temporary and permanent orders can be changed by filing a motion with the court showing a change in circumstances since the last order, or a mistake or other problem with the existing order. The only difference is that what must be proved to show a change or mistake has to be more significant for a permanent order. If the father can show that it would be in the best interests of the child for her to have more time with him, including over-nights, he is entitled to ask the court to order that. It is then up to your daughter to show any reasons it would NOT be in the child's best interests, and then the court will decide. Of course it would be much better for your daughter and the father, and especially the child, if they work something out they can agree on. Your daughter and the father are going to have to parent together until one of them, or heaven forbid the child, dies. That's a long, long time and the sooner they figure out how to work together rather than having the court decide their lives, the better for everyone.

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Answered on 10/23/15, 9:58 am


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