Mira Loma, CA asked in Family Law and Child Custody for California

Q: Can my ex deny me access to my children on my weekends if I will not pick up or drop off when and where he says

My job has me working every weekend and i am unable to change my scheduled, my ex will not compromise as far as picking up and dropping off after I get out of work he says if I don't pick up and drop off when he wants then I can't have the kids. We do not have court order we have just been dealing with this between the two of us but now he has a new significant other and his attitude and compromising has completely changed

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, both parents have rights to parenting time with their children, and any informal arrangement should respect those rights. If your current arrangement is not formalized by a court order and communication breaks down, either parent may find themselves at a disadvantage, especially if disagreements arise about parenting time.

Given your work schedule and the lack of flexibility from your ex-partner, it would be wise to seek a formal custody and visitation agreement through the court. This process will allow a judge to consider your work schedule, the best interests of the children, and other relevant factors to create a fair and structured parenting plan. This plan legally binds both parties to comply with the terms set forth, including specific days and times for custody, which can offer more stability and predictability for all involved.

If negotiating with your ex becomes increasingly difficult, consider mediation as a first step before legal proceedings. Mediation can help both parties reach an agreement without the need for a court decision. However, if an agreement cannot be reached, pursuing a court-ordered custody arrangement will protect your rights as a parent and ensure your relationship with your children is maintained according to a schedule that considers your work commitments and their best interests.

Martha Bronson agrees with this answer

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