West Covina, CA asked in Child Custody for California

Q: I want to know what my custody role is and my rights

My issue is my ex is moving about a hour out of town from me not to much of a issue but she didnt tell me or anything I found out she was moving a week before by someone else. At this point she is not responding to my calls or texts to see my son before the move she also went and set a mediation date for mid Nov when they have a open calendar for sooner dates and they said there is nothing I can do to change it. Since we've never had a custody ruling what custody and rights do I have with my son? I was wiling to let the move and everything go smooth I only asked if I can have my son everyday till noon until they moved after that day I got no response from her what are my rights in this? Please help

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Well, that's the problem with not having any custody orders in place. You have very little, if any control or say. If you want to have a say, get custody orders. You don't have to wait until November. File a petition with a request for order and you will then be able to have a say as to when that mediation is set.

Joseph Torri
Joseph Torri
Answered
  • Riverside, CA
  • Licensed in California

A: It sounds like there is a request for order for child custody and visitation, but you probably want to file one if it's not for custody and visitation. You should look further into about filing a request for order withba sooner date and not necessarily listen to what someone tells you. Further analysis into a new court date is needed. If there were custody orders in place, there's a procedure that parents must follow. At least you are ok with the move, but this issue should be discussed in greater detail since the less time you have with the child probably means you'll be paying more in child support. You have rights and should be able to work out a parenting plan. Consult with a family lawyer. You may need to hire one on a limited scope basis if you can't afford a fully retained lawyer. More facts are required to provide a thorough analysis.

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