Legal Question in Family Law in California

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 ??

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

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 9/06/13, 7:25 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

89033 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now