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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Changing Visitation Agreement - Ex is Moving in With His Girlfriend

    My question involves a child custody case from the State of: CA

    My ex and I recently signed a visitation agreement. Upon review of the agreement, I realize that many of my stipulations were actually not granted, though I TRUSTED my lawyer to ensure they were part of the agreement.

    I am now exploring how I can revisit this agreement, as my ex's interpretation of it is very loose and it worries me that I won't be able to have any control over my children's basic environment (for instance, he can take the kids anywhere out of the county without my approval, I don't have control over who he secures for child care, his girlfriend can sleep over and I have no say over whether or not they sleep together, or even where my children are in relation to their sleeping arrangement, etc.) It was my understanding that I would have some say in all of these things and I feel my lawyer has misled me into signing our current agreement.

    NOW, I find out that my ex is moving in with his girlfriend. I have explained to him that I am teaching my children that his actions with his girlfriend are immoral (obviously, they are not married) - but he does not CARE. When I ask for my new agreement, will the fact that he is blatantly disregarding my moral objections play a role in the court's consideration? What else can I do to STOP this behavior?

  2. #2
    Join Date
    May 2009
    Location
    Irvine CA
    Posts
    1

    Default Re: Changing Visitation Agreement - Ex is Moving in With His Girlfriend

    The Court could consider your moral objections either because the behavior of your ex could be considered inappropriate for your children or his behavior in front of the children is not in their best interest. However, the court typically will not make orders controlling your ex's morals. The Court will only make orders that the Judge sees as adversely affecting your children. You should have some say regarding who cares for your children. If you are available when the children are with your ex, you can ask for the "right of first refusal." That means that if the children are going to be left in the care of someone else, someone that you don't want, for 3 hours or more (for example), you can refuse your ex's child care provider and care for the children yourself.

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