We had a 730 in the 730 the evaluator recommended that efforts should be made to allow me to have more time beyond the custody order when possible. The court adopted the 730 report and then court orders were made on our visitation etc. I have asked father numerous times to have more time with our son, and he always denies it. He says its not in the court orders itself that he doesnt have to let me have more time. I mean I cant even get three hours after school if I am in town and dont have to work out of town that day. How does this work? We have in court records 730 is adopted, and then we have visitation schedule but the extra time when possible was stated specifically in the report adopted. Are there grounds to go back to judge to say father isnt following orders or report?
Does my question make sense? No one is answering . I know if something listed in court orders itself directy are violated I can like visitation schedule is monday and wed from x time to x time. But I am confused how the report which was adopted works in conjuction with the final visitation schedule. The report was adopted the judge agreed with the recomendation right? But now I am having trouble getting any extra time this isnt right!! Do I have grounds or is father right he doesnt have to give me more time?
Family Law Attorney
Although it's difficult to provide a precise answer without reviewing the actual order, it sounds like what you may need to do is to file a request to change the custody orders, based on (a) the recccomendation of the evaluator and (b) your ex's refusal to follow the evaluator's directions. You should definitely review ALL the facts with an experienced family law attorney.
1 lawyer agrees
Family Law Attorney
Many orders specify times and it sounds like your order should be based upon when you are available due to the nature of your employment. Yes you will have to go back to court to get a more flexible plan as the cp is being a jerk.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.