Legal Question in Family Law in California

Re: visitation rights

Although the mother cannot unilaterally take the law into her own hands and determine when your boyfriend can have visitation, she certainly has the right to bring a motion before the judge and voice her concern about your living arrangement. If there is a court order, the mother cannot disregard it just because you have moved in with the boyfriend. If she does, then that will be grounds for the boyfriend to bring a contempt motion based upon the mother's disregard of your court's order.

If the mother brings an order to modify the visitation order, it is possible that a judge will not look favorably at your living situation. However, it is possible that the judge will make inquiry of the situation (i.e. how long you have been together, whether you plan on getting married, the nature of your relationship) and determine that there is nothing wrong with exposing the 12 year old to a healthy relationship. I have seen it go both ways. Just remember that the judge has the discretion to make the determination of what is in the child's best interests.

Re: visitation rights

It could.