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

Q: Ex and I have court ordered visit schedule but he disappears for months and then expects me to honor it. Do i have to?

My ex is supposed to see my son every other weekend but will disappear for up to 8 months at a time and then out of no where he will call and tell me I need to meet him and give him my son (as it says in the court order) or he'll make a police report saying that i'm not complying with the order. do I still need to follow the order even though he only follows it when he decides he wants to see him? what do I do in that situation?

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

A: You need to comply with court orders until they are modified or rescinded. If you want the order changed, i.e. to terminate visitation, you need to file a request for order to get that accomplished

Anthony Regner
Anthony Regner
Answered
  • Divorce Lawyer
  • Fairfield, CA
  • Licensed in California

A: I agree with Ms. Waxman, the court order is enforceable until it is modified. The Request for Order (FL-300) would need a legal reason stated for the request to modify. It is absolutely not in the best interest of your child's health, safety, and welfare for his father to come and go inconsistently. I would file the request as soon as you can, this is very bad for your son..

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