Los Angeles, CA asked in Child Custody and Family Law for California

Q: My ex-husband has custody of our children. I recently purchased our daughter a phone. He took it away. Biological

I am the biological mother. I have visits but he does not follow the order. He sends our children when he is ready. Never when I want to take them to church with my parents. Her Grandparents

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

A: I'm sorry to hear about the difficulties you're facing with your ex-husband regarding custody and visitation of your children. Child custody issues can be complex and emotionally challenging. Here's some general information based on California law, but please note that I'm not a lawyer and this should not be taken as legal advice:

1. Custody orders: If there is a court-ordered custody arrangement, both parents are obligated to follow it. If your ex-husband is not adhering to the order, you may need to seek court intervention.

2. Visitation rights: Non-custodial parents are typically entitled to reasonable visitation rights, unless the court finds that visitation would be detrimental to the child's best interests.

3. Gifts and property: Generally, gifts given to the child belong to the child, but the custodial parent may have the authority to manage the child's property, including deciding when and how the child can use the gifts.

4. Religious upbringing: Unless otherwise specified in the custody order, the custodial parent typically has the right to make decisions about the child's religious upbringing during their parenting time.

In your situation, it would be best to consult with a family law attorney who can review your specific custody order and advise you on your rights and potential legal remedies. They can also help you navigate the process of enforcing or modifying the custody order if necessary.

Additionally, consider seeking co-parenting counseling or mediation services to help improve communication and cooperation between you and your ex-husband for the benefit of your children.

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