Legal Question in Family Law in California
I live in Southern California. I have a 13 year old son. His father and I share Joint Legal and I have "Physical Custody Primary Residence". His father and I have practiced a shared 50%/50% visitation schedule for the past 3 years. My sons father has an anger issue and was in court regarding this 3 years ago as a result of his anger directed toward our son. 2 weeks ago my sons father exhibited anger toward our son that has left my son fearing for his physical safety while in the presence of his father. My son doesn't want to see his father any more. From a legal standpoint, what is my status with the court regarding my sons father's visitation rights? Do I need to change the Physical Custody status to Sole Physical Custody or does the existing "Physical Custody Primary Residence" allow for the visitations to end? If I die tomorrow, does my son have to live with his father based on the current "Physical Custody Primary Residence" judgement? What would the Physical Custody status have to be so my son doesn't have to live with his father if I should die tomorrow?
1 Answer from Attorneys
The answer to your question depends upon the specific wording of your order. You should have it reviewed by a family law attorney so that you can understand your rights. Upon your death his father would be the only person who will have legal custody and that, from a practical standpoint, could not be changed prior to your death. Another person would have to petition the court for custody or for guardianship. That is another matter you should discuss with a family law attorney. Good Luck, Pat McCrary
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