Legal Question in Family Law in California

My ex and I have joint custody of our son. We made a custody agreement and now my ex wants to modify. He wants weeks before major holidays with my son and I do not want that as I want to spend time with my son during the holidays as well. Can this be granted?

He also wants me to pick up my son at his home. I do not want this as there have been many issues with my ex and his family, resulting in my having to call the police. Each time this was while at my exes home which is why I am not wanting to have to go there for pick ups. Any advice on this issue?

Additional info - I have kept to the court schedule. My ex has kept my son without permission numerous occasions. I have had to file police reports when he has done this.

Asked on 4/03/13, 3:26 pm

1 Answer from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker
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As you probably already know, the court makes custody and visitation orders based on the best interests of the child. Normally the court finds that it is in the child's best interests to split the holidays between the parents. Either by alternating the years or by splitting holiday in half between the parents. Occasionally the court will vary from this for good reason - for example when holiday is in middle of the week and parents live a long way from each other.

Pick ups and drop offs vary a lot. Where there is a lot of friction between the parents, a parenting plan that allows drop off and pick up at school or day care often works. Exchanges at McDonalds, a police station or curb side where the parents are ordered to remain in their vehicle or house while the child goes from one to the other often works. You need to state to the court why exchanges between parents dont work at each other's house and come up with viable alternatives that the court can order.

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4/03/13, 8:00 pm

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