California  |  Family Law

Legal Question

Asked on: 9/06/13, 6:49 pm

If my ex leaves the country for 2 weeks (we have shared legal & physical custody of our kids), can he leave the kids with his new wife !? I told him I do not agree, and that I will take care of them while he's gone...but he refuses! Can he legally do that ?? Or since we have shared custody, is my right to be with them if the dad won't be here to take care of the kids ??

1 Answer

Answered on: 9/06/13, 7:25 pm by Timothy McCormick

That should have been addressed in your custody order. Most custody orders provide that if a parent cannot be present for their custodial time for more than a specified period (usually 24, 48 or 72 hours) then the other parent gets right of first refusal to care for them. If your agreement does not contain such a clause, he can do with them what he wants on his time as long as they are safe.

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