San Ysidro, CA asked in Child Custody for California

Q: I have joint custody but she has physical custody, 70-30, of she leaves for 3 months for work do I get to have him full

We live in San Diego and she leaving to Sacramento, she's leaving my son with her husband, not taking him

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1 Lawyer Answer

A: If she is leaving your son with her husband, she may be finding suitable care for him while she is gone under her timeshare. You should look at the court order to see if it addresses this issue. There may be a right of first refusal when one parent is gone, but more facts are required to analyze this question thoroughly. If you live far away from your son, and you wouldn't be able to take him to school due to it being far, it would be highly unlikely that you would be able to get him. Look to the court order to see if it provides clarity. Consult with a family law attorney.

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