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Can I deny visitation?

Chula Vista, CA |

My ex and I have joint custody and every 2 years my children are supposed to switch physical custody between myself and my ex. On January 1, 2012, my kids are supposed to live with my ex for the first time so I am trying to get full custody. We divorced in Nevada, but my kids reside with me in California. My questions is can I tell my ex that he can not take my children for visitation for this summer? I know our divorce papers say that my kids are to have all summer breaks with the other parent, but the reason why I don't want them to go is because my ex is engaged to a woman who was found guilty of abuse, neglect or endangerment of a child in 04/2007. She has four children from 3 different men and I do not think any of her children are in her custody. The last two times my children went to visit my younger one came back with 2nd degree burns to her chest and then the last time my younger child was bruised and scraped and my older daughter had an allergic reaction to something. Both times my ex did not inform me when they happened. I found out from my kids over the phone or when I got them back from my ex. What do I do?!

Attorney Answers 2

Posted

You cannot just decide not to honor the in-place custody and visitation orders. You must go back to court and ask for a modification of those orders based on your new and current information. In fact, the facts you recite here suggest that you may be correct to be concerned, and you may find the court receptive to a significant modification of the orders, but the court will not look favorably on independent disregard of its formal orders. You should see an attorney for assistance in expediting your request of the court for modification of the current visitation and custody arrangements. It is likely that you can get an interim modification, pending a more through consideration of all of the facts and circumstances, in a very short time frame.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Asker

Posted

Can I just file it in California or would I have to go to Nevada?

Posted

File for a modification of the custody order. If there is an emergency you can go "ex parte" and ask the court to make temporary orders or accelerate the schedule (or both).

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Asker

Posted

if i go ex parte, will everything be enforced immediately?

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