Fontana, CA asked in Family Law and Child Custody for California

Q: Parenting time

My ex wants our son every weekend but refuses to have a set schedule of when he will pick up or drop off. His schedule is all over the place. I’ve asked him multiple times that I need a set schedule and even reached out to his lawyer with no luck. I’m PROPER and don’t know what to do. Any suggestions?? Also our custody order states that “both parents shall have as much additional parenting time with the children as can be agreed upon by the parents or mutual agreement.

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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 you're struggling with this challenging co-parenting situation. Here are a few suggestions based on the information you provided:

1. Document your attempts to establish a consistent schedule. Keep records of your communications with your ex and their lawyer requesting a set parenting time schedule. This may be helpful if you need to demonstrate your efforts to the court.

2. Review your custody order carefully. The language you quoted suggests that additional parenting time beyond what is specified in the order must be agreed upon by both parents. If your ex is demanding time that goes beyond the order without your agreement, they may be in violation of the order.

3. Consider proposing a specific schedule yourself. Outline a reasonable plan for weekend parenting time, including specific pick-up and drop-off times, and present it to your ex and their lawyer. Be willing to negotiate, but stand firm on your need for consistency and predictability.

4. If your ex continues to be uncooperative, you may need to seek a modification of your custody order. A modified order could specify a set schedule for weekend parenting time, rather than leaving it open to agreement.

5. Consult with a family law attorney. Navigating custody issues can be complex, and an attorney can provide guidance specific to your situation and the laws in your jurisdiction. If you can't afford an attorney, look into legal aid organizations in your area.

6. Keep your son's best interests at the forefront. Try to maintain a cordial relationship with your ex if possible, and avoid speaking negatively about them in front of your child. Stability and consistency are important for children in co-parenting situations.

I hope these suggestions give you some directions to explore. Remember to prioritize your son's wellbeing and don't hesitate to seek help from professional resources like attorneys, mediators, or family counselors if needed. Wishing you all the best as you navigate this challenging situation.

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