Legal Question in Family Law in California

Visitation of teenagers

My ex-husband never wanted to agree to a visitation schedule, so visitation is pretty flexible. But in the last few years he has waited until I'm not home and then makes arrangements to pick up my kids without my knowledge. He then has my kids call me and let me know they're gone for the weekend. I have repeatedly asked him to not do that and he ignores me. Is there anything I can do legally to make him stop doing this? I don't want him anywhere near my house if I'm not present. Can I legally keep him away even if he hasn't harmed anyone?


Asked on 5/19/08, 12:48 pm

2 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: Visitation of teenagers

Yes. You can go to court and request an order that he not do this. You don't necessarily need to ask for a restraining order.

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Answered on 5/19/08, 1:25 pm
Brian Whitaker Lifeline Legal, LLP

Re: Visitation of teenagers

You need to file an Order to Show Cause (OSC) with the court that issued the last order (Vista?) and request a modification to the current custody/visitation. What you'll want is a "parenting plan" that spells out the arrangement in detail.

Be careful, however; because unintended consequences of such an action could result in his obtaining more visitation than you planned and/or a smaller child support obligation.

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Answered on 5/19/08, 10:15 pm


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