My question involves a child visitation/change in venue case from the State of California. Before I had my son 3x a week until the mother of my son decided to move in with a guy in southern California (previously located in San francisco). This summer, however, I will only have him a total of 6 weeks of the year. At first she said alternate every two weeks so she could have him for a week in between but did not mention that she would take him back to southern California until after I had already picked him up (implied she would stay at her parents house for the summer for this arrangement). So basically making it harder on me having to drive down to southern California to pick him up every three weeks having to take less days of work. On the last 2 weeks I got served papers to change the venue to Orange county and that I had two options to close the case. They were basically the same except one involved giving up all parental rights and child support being removed and the other she stated we would keep the previous agreement, however, in the options she changed the normal every summer and every other winter to only 4 weeks total of the year and I cannot take him for longer than two consecutive days if I request to see him more than those 4 weeks (which must be spread out). Is there anything I can do so that she will not win in her motion to change the venue to Orange county (I work and volunteer while she stays at home. So it's more inconvenient to me than to her who has no obligations like work) and should I get a lawyer to go to court to fight her limitations on visitation? I think it's clear she's trying to find ways to make it difficult so that I will give up parental rights. She's offered to remove my obligation of child support if I give up parental rights but it isnt about the money, I love my son.
Custodial Parent Wants to Reduce and Limit Visitation
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07-06-2015, 02:04 AMJoselynCustodial Parent Wants to Reduce and Limit Visitation
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07-06-2015, 02:58 PMT53147Re: Custodial Parent Wants to Reduce and Limit Visitation
When did they move? Why did you not appose it at the time?
You need an attorney. She may want what you stated, but she is unlikely to get it since it is unreasonable. Look up long distance parenting plans based on the age of your child. -
07-06-2015, 03:45 PMDogmatiqueRe: Custodial Parent Wants to Reduce and Limit VisitationNo. No, no, no. Unless you agree to it, I doubt there is a single court in the entire state of California willing to do what she wants. Do not let her walk over you.Quote:
Quoting Joselyn
With regards to her moving, California is extremely moveaway-friendly - I doubt you would have won that one anyway and you would be out a whole lot more money.
So back to your visitation.
Head over the SPARC right here to start looking at parenting schedules. I will repeat - what she's asking is completely unreasonable and someone (she, perhaps) obviously knows this and that's why she's giving you a ridiculous ultimatum.
First, there's child support. Ah... no. While she can close out the case, there is nothing stopping her from refiling once you sign over all custody. The state will not allow her to waive all future support unless there is a stepparent adoption taking place.
Next, giving up your rights. No.. not quite. You can of course give up all custody and visitation rights, but you'll be on the hook for child support. Again, the only way to guarantee you'll never be financially responsible is if there's a stepparent adoption.
She is manipulating the situation, and I think she knows fine well that the court won't give her what she wants unless you agree.
Go and read SPARC. They're a great resource. And California is also very, very pro-se friendly. You can go right here to read further.
She's trying to replace you with her new guy. DON'T LET HER DO THAT. -
07-07-2015, 09:18 AMT53147Re: Custodial Parent Wants to Reduce and Limit Visitation
Given the distance between OP's home and ex's location, it may be more effective to have an attorney at her location even though it is possible to DIY. It is also helpful to have an experienced negotiator when one of the parties involved is unreasonable.
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07-07-2015, 09:25 AMOhiogalRe: Custodial Parent Wants to Reduce and Limit Visitation
Joselyn? You are dad? Or are you dad's new wife/girlfriend?
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07-07-2015, 10:02 AMllworkingRe: Custodial Parent Wants to Reduce and Limit Visitation2nd mom is also a possibility.Quote:
Quoting Ohiogal
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07-07-2015, 10:50 AMOhiogalRe: Custodial Parent Wants to Reduce and Limit VisitationThat information would be useful due to the fact that it could impact the answers.Quote:
Quoting llworking
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07-07-2015, 11:05 AMDogmatiqueRe: Custodial Parent Wants to Reduce and Limit Visitation
Uh... I don't know which planet you guys have been on, but Jocelyn/Josslyn are traditionally male or - at a reach - unisex names.
But assumptions aside, given that there are already court orders in place, what difference would it make? -
07-07-2015, 11:17 AMOhiogalRe: Custodial Parent Wants to Reduce and Limit VisitationActually nope. They are FEMALE names from my understanding. Every Jocelyn/Josslyn I have known has been female.Quote:
Quoting Dogmatique
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07-07-2015, 11:25 AMHRinDEVONRe: Custodial Parent Wants to Reduce and Limit Visitation
Key starting point is what the order says ..and the law says as to parent seeking to move away.
The rules may give the custodial parent a bit of an edge..especially if move benefits child...but so far nothing saYs mom has followed the rules or that for mom to move to be with new frimd absent marriage benefits the child .
OP ..far wiser to use CA counsel .......