Mt Meadows Area, CA asked in Child Custody and Family Law for California

Q: How do I share joint custody if father is homeless

Fathernis jobless and homelessn we share custody and demands daily to see our son what do I do

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Divorce Lawyer
  • New York, NY
  • Licensed in California

A: You can file a motion to change the visitation/ custody order based on such facts. A TRO may be necessary. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Rivka Israel
Rivka Israel
Answered
  • Divorce Lawyer
  • San Diego, CA
  • Licensed in California

A: It depends what your court orders specifies. Joint custody refers to the legal right to make decisions regarding the children. It does not refer to an access schedule. Unless the court order specifies daily access he does not have the right to demand it.

As parents to your children you are able to agree to whatever schedule you are both ok with. If he is unwilling to be reasonable then you may require court intervention. You can also request court 'mediation' (Family Court Services), depending on your county.

There is insufficient information to give any more detailed an answer. It would be best for you to at least consult with a Family Law attorney to obtain more detailed information and legal advice.

Rivka Israel, Esq.

(858) 487-3279

www.FamilyLegalEase.com

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