Orange, CA asked in Divorce and Family Law for California

Q: Can the father of my kiddos change the locks to the house and not allow them to go to his house when he doesn't have the

My 13 and 15year olds father had the locks changed to his house so they no longer have a key to get things they need when from his house. They have been told that they are not allowed to come by his house on his non custodial days. This is not part of our divorce.

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2 Lawyer Answers

A: Sadly there is no rule that they have to have a key to his place or wanted on days that are not his. That is unless there is an order otherwise which it sounds like there is no direct order regarding that. I would love to think that it could be used in a custody request in court. As i said it is not required but would be a little embarrassing to him if brought up in a custody filing. Good luck on your case.

James L. Arrasmith
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Answered

A: Under California law, changing locks to prevent children from accessing their belongings during non-custodial time could be viewed as interfering with their well-being and property rights. Your children's father should maintain reasonable access to their personal belongings, even on non-custodial days, unless specifically restricted by court order. The sudden change of locks without prior agreement or court approval may violate the spirit of co-parenting and could potentially be seen as a form of parental alienation.

Your best immediate course of action would be to document these incidents, including dates and specific details about denied access. You might consider requesting a modification to your custody agreement through the court system to specifically address access to personal belongings and house entry during non-custodial time. This kind of clarity in the agreement can prevent future disputes and ensure your children's needs are met.

Consider working with a family law attorney to address this situation, as they can help you understand your specific rights and potentially file for court intervention if needed. Meanwhile, try to maintain open communication with your ex-spouse about the impact this situation has on your children, as courts generally favor parents who demonstrate willingness to cooperate and put their children's interests first.

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