Brentwood, CA asked in Divorce, Family Law and Child Custody for California

Q: Will it look bad on my BF he won't take the kids to his ex on halloween instead having a party at home?

BF Joe and ex have 5050 legal/physical custody order. Bi weekly. They go to trial to finalize the divorce soon. Been trying slowly to separate activities with the kids to not include his ex. The problem is the ex INSISTS-DEMANDS he come to her house for Christmas etc "for the good of the kids". This will be the first Halloween he has not taken the kids trick or treating WITH his ex. She decided (demanded) he take them to her house on halloween (it is his week with them and the custody order doesn't specify holidays). We decided with covid about, it would be better to have a small party at home instead of trick or treating at all. She came unglued. Threatened to not give the kids for Christmas or Thanksgiving. And went so far to say she would be coming to our house on halloween uninvited if he wouldn't take them to her. She always pulls the "why won't you co parent with me" card. Question is, WILL a judge think Joe isn't "thinking of the kids" if he won't share halloween? Once!?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Joe should be asking his own questions. He should retain an attorney and file for orders clarifying the custody situation if this is not working for him.

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