Tuesday, January 17, 2012

IF THE FATHER HASN’T BEEN EXERCISING HIS JOINT CUSTODY, CAN I GAIN FULL CUSTODY?

QUESTION: I have joint custody with my son's dad. Our agreement is for us to share him every other week. His father has not had him in his care since January of last year. On this night I had to pick our son up at 3 am because he had gotten sick. I have offered to work with his dad on the agreement. I have offered every other weekend and he does not want that because that's his time to himself. Our son is in school and his dad lives in another county. Can I gain full custody or have the previous agreement modified?

MY RESPONSE: You should file an Order to Show Cause to modify child custody, setting forth your proposed parenting plan, and the facts, discussions and reasons you believe that custody should be modified. Based on your ex-husband's failure to exercise his custodial rights and responsibilities for the past year, you stand a good chance of prevailing on your OSC.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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