Legal Question in Family Law in California

My daughter's dad and me are divorced. We have joint legal custody of the child and I have sole physical custody of the child. She is going to stay the summer with her father, but I beileve he has plans to talk her into living with him. I need to know how to protect myself in this case and since he is court ordered to pay child support how does that play out with being with him over the summer.


Asked on 6/07/10, 9:17 am

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Not really sure what you were actually awarded, but since he has visitation, you don't have sole physical custody. You cannot control what He does when he exercises his rights, but I would like to encourage both of You not to turn this into a popularity contest. Whomever she chooses, it will cause an uncomfortable situation for your daughter. She should be allowed to have two parents that she feels free to love without having to worry about being thrown into the parent role of being responsible for someone's hurt feelings. He can't change anything without a court order. You definitely want to appear as the parent who is not trying to interfere in his visitation and the one with only your child's best interests in mind. At this point I would advise obeying the court order and if arguments or issues occur, keep a notebook to document everything. Good luck.

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Answered on 6/07/10, 9:19 pm


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