Whittier, CA asked in Family Law for California

Q: How can i modify the exchange location for my sons visits with his dad?

We have an order in place stating my residence is the exchange point. Dad is starting to bring drama to exchanges. He's starting to record the exchanges. He's threatened to "cause a scene" at my home, not sure what he means but i dont want to find out. I've suggested to him that we change the exchange point to the sheriff's office we used to exchange at. He refuses and is demanding that i meet him at a halfway point but also doesn't want to compromise on exchange time so i can make it. The courts said i could modify but court hearing wont be for a few months. Im not sure how to manage in the mean time.

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2 Lawyer Answers
Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Redding, CA
  • Licensed in California

A: You need to file an FL-300 requesting the change. You are right in that under the current circumstances it will probably be a couple of months to the first hearing date. However, depending on the local rules, you could file it as a request for temporary emergency orders based on his threats to cause disturbance and recording of exchange, both of which are harmful to the well being of the child. That would be form FL-305 that you would need to submit with your FL-300 paperwork.

Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Existing orders are what they are until they can be modified. In the meantime, perhaps you can get a friend or neighbor to come over during exchange times. This person should not interfere or talk to either party or the child during the exchange, but can act as a witness to whatever antics Dad pulls. This person's presence may also prevent any antics from occurring in the first place simply be being there.

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