My question involves a child custody case from the State of: California, LA County
Joint Legal Custody, 14/86 custodial split
In a paternity judgment last year court ruled that NCP would have day visits on alternating weekends, to be expanded upon therapist's approval to overnights and half school breaks.
In mediation with minor's counsel, NCP and CP, they all agreed to seek therapy for minor child.
Two months after judgment, NCP tried to arrange appointments with a therapist. CP cancelled first appointment due to child sickness and cancelled second appointment due to impending child birth. CP sent letter stating not set any more appointments until 6 weeks post natal and to consult her schedule. She also confirmed she had every intention to fulfill the judgment as they both agreed therapy would be in best interests of MC.
During the time the CP claimed to have mailed the letter it was three days prior to the appointment time. CP did not accept any phone calls from the NCP regarding confirmation of attendance in which the NCP offered to provide transport of MC to the appointment if CP was not physically capable. Unable to get a response via telephone NCP paid a visit CP's house asking about the appointment, CP came out yelling and screaming in front of MC and had spouse threaten to call the cops. NCP left and sent a letter expressing disappointment at the CP for speaking negatively in front of the MC and not being able to carry a civil conversation regarding the appointments. CP apologized in person at next visitation.
Due to the outburst NCP decided to wait until MC was 7yrs then seek to modify visitation as the CP had once stated in mediation that she felt the child would be able to handle overnights at that age. Come the MC 7th birthday, NCP again requested that visitation be expanded to overnights and half school breaks. CP claims that MC has problems crying whenever overnights are attempted at anybody's house, however CP still went on a cruise leaving the child with his grandparents. Despite crying the child suffered no long term effects. CP later tries to write a stipulation and have the NCP sign it, but it was limited in the scope of what was being requested and the NCP was uncomfortable signing anything drafted unilaterally by the CP (CP works as legal secretary and automatically assumes all paperwork should be drafted by her). NCP requested CP's scheduled to go ahead and go on the therapy route so it could be documented by a mental health professional that MC was fit for extended visitations. CP wrote back letter asking why NCP felt MC should go to therapy that she is being amicable in approving alt. weekend overnights. When asked to provide reasons why her stipulation was limiting scope, no reasons were given. When NCP requested that any documents should be done through a court liaison or in person with witnesses, CP dropped the entire issue like NCP was not really serious about expanded visitation.
NCP filed OSC for modification of visitation to be expanded to a 28-72 custodial split, no change to joint legal or physical custody. NCP stated is not looking to lower child support, just a reflection of changed custodial time. Vacation schedule expanded to include overnights from Friday-Sundays on alt. weekends, half spring break, half winter break, half holidays and four weeks summer vacation.
No responsive declaration has been received.
NCP has no history of violence nor a criminal background. NCP's household is a smoke-free enviornment and a has a bedroom for the sole use of the MC.
What viable arguments could a CP have in regards to fighting the visitation expansion request?
What are the best lines of defense for the NCP to support his claim and be granted the expansion?