Legal Question in Family Law in California
Hi, my ex-spouse moved to Colorado since her now husband was not able to find a good job here in ( California ) she did a verbal agreement that at their own expenses they were sending our kids 3 times a year for vacations alternating Christmas and all the summer (her keeping them one week after school and get them back one week before school starts. She is now braking the agreement and staying that wasn't the agreement. Now she wants me to sign something else. I love my kids and it was hard to let them go, she is a good mom and takes really good care of them. But I want to expend more time with my kids, I want to make sure that the time that they expend with me is more than what she wants arguing that the kids need to study the other 6 weeks before school. I can't move out of the state since I have a 50/50 custody of the yongest daughter. Please advise what would be the most fair time for our kids to expend with me on their vacations?
4 Answers from Attorneys
If your case is in California, you need to return to court on a motion to address the parenting issues. You should consult with a Colorado attorney if you never filed a California case.
Hopefully there are emails or some other writing that demonstrates the agreement. It doesn't seem fair for her to get you to agree to allow her to go and now she changes the agreement. Hopefully your original child custody and visitation order was issued from here in California, as CA would still have jurisdiction and you would file for the court to decide a custody and visitation schedule in the children's best interests. I don't think summer school is going to be a valid reason not to send them. You can always arrange for them to study while they are in your care too. For further information, visit http://www.ellifritzlaw.com
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