Legal Question in Family Law in California

I have primary custody of my two children (ages 8 and 5) and their mother has visitation. I am in the Navy and recently, I was stationed in San Diego from Pensacola, FL. I live with my new wife and the kids in base housing. My children's mother recently told me that she didn't want the kids to play out front with the rest of the neighborhood kids unless I am out there watching the entire time. I feel our neighborhood is safe and there are quite a few kids playing together in our own front yard. I do check them frequently.

Does their mom have any legal right to demand that the children not play in the front yard when they are home with me?

Thank you!

Petty Officer 1st Class Joseph Caddy


Asked on 10/24/09, 12:41 pm

1 Answer from Attorneys

Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

As you have primary (legal and physical ?) custody of your children, it is within your discretion to parent the children appropriately. Unfortunately, bad things can happen when children are unsupervised. You should safeguard that an adult be in attendance, or that the children are being watching in the unlikely event something tragic happens to them. Perhaps you can install a small video system so that you can watch from the kitchen or living room, or appoint an older child to keep tabs. The best system is adult supervision. You must use your own best judgment which means having them within your sights as much as possible. Would that we were in a perfect world. But we are not and you should be prepared for that. I suggest that you relieve mother's fears by explaining that the children are supervised at all times. You can reach agreements within a mediation context.

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Answered on 10/29/09, 1:51 pm


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