Legal Question in Family Law in California

Visitation

My former wife and me have joint legal custody & she has physical custody of our 2 children. Recently we found that our son had done something ''life-threatening'' when confronted with the information, he became very loudscreaming, cursing, & yelling at us. I attempted to take him (he's 16, 160lBs, 5'10'') to his room in an attempt to difuse the matter. He reacted my shoving me and screaming more. Anyway, everyone was upset and I threatened to but did not call the police. I left the house and went home after the former wife and I talked. Next day got a call from a police detective who wanted ''my side of the story.'' I, being shocked to even hear from him explained the entire situation and furthermore explained that we (former & me) had made an appointment for our son to see a recommended therapist. The detective, going on the assumption that I might be so upset now and in the near future, that I should not go to the house for the time being. My former wife, our daughter (12) and I are very upset. Question is, would it help to go to family court with petition to change physical custody to joint (former agrees) so to be allowed back to the house? And, does a detective, with the absence of phy/mental abuse have the right to bar me. Bill


Asked on 9/10/07, 2:11 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Visitation

Your statement does not appear to be accurate. A police officer does not have the authority to order you to stay away from the home of your ex and you children. You do not need to go to court to make the change you are referring to if both of you agree. A stipulation, written agreement, signed and notarized, both signatures, should be adequate to accomplish this.

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Answered on 9/24/07, 10:10 pm


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