Redondo Beach, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: Seeking Court Order for Child’s Screen Time and Sleep Schedule?

I am seeking advice on obtaining a court order for the following conditions concerning my 4-year-old autistic child due to concerns about my ex-spouse’s smartphone addiction. so, can I request these order below during the next RFOMOD custody hearing:

1) Limit exposure to mobile devices to between 5-7 PM.

2) Enforce a strict bedtime at 9 PM.

3) If either parent observes signs of sleep deprivation in the child, the child should be examined by a sleep specialist (MD) located nearby in Los Angeles. This examination is to confirm whether the child has been getting proper sleep.

4) Every four months, the child should undergo an evaluation related to potential smartphone addiction.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, courts make decisions about child custody and visitation based on the best interests of the child. When a child has special needs, such as autism, the court will consider those needs when making orders.

To request the specific orders you mentioned during a Request for Order (RFO) hearing to modify custody, you should:

1. Gather evidence supporting your concerns, such as documentation from medical professionals or experts discussing the potential impact of excessive screen time and sleep deprivation on your child's well-being.

2. Consult with a family law attorney who has experience working with cases involving children with special needs. They can help you present your case effectively and draft the necessary legal documents.

3. In your RFO, clearly explain your concerns and why you believe the proposed orders are in your child's best interests. Be specific about the orders you are requesting and provide supporting evidence.

4. If the court finds your requests reasonable and in the child's best interests, it may grant the orders. However, the court will also consider your ex-spouse's perspective and any evidence they present.

Keep in mind that the court's primary goal is to ensure the child's well-being and to maintain a healthy relationship with both parents whenever possible. The court may also recommend alternative solutions, such as co-parenting counseling or mediation, to help you and your ex-spouse work together to address your concerns.

It is essential to work with an experienced family law attorney who can guide you through the process and help you present a strong case for the orders you are seeking.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.