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Temporary orders for Child custody

Encinitas, CA |

I am the father of a six year old boy and there are temporary orders granting me primary physical custody and joint legal custody with some visitation to the mother (one weekday + alternating weekends). I am not happy with the arrangement. What is the next step and what are my chances of winning sole legal custody and reducing the visitation for mother to no overnight visits on weekdays?

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Attorney answers 2


What basis for your request other than you are not happy with it? That is not a reason to change the currrent order. To change a custody and visitation agreement, it is required that there be a change of circumstances. Some significant reason for the court to make a change. Your not being happy with it is not a reason. Perhaps you should schedule a face to face consultation with an attorney to discuss your situation and educate yourself on what you will need to prove in order to change it.

Michael Schwerin, San Jose, California phone: 408-295-4232 email: Consultation fees, rates and retainers vary based on need and ability to pay.



Mother does not own a car or have a driver license and is planning on taking a taxi cab to and from school every day she has a visit. Moreover, overnight visits are currently very disruptive for the child's activity schedule. Mother's apartment does not even have a bed (let alone a separate bed for son) and is not living in an ideal condition for the child. None of these are change of circumstances, but I feel were never considered before the temporary orders.

Michael Charles Schwerin

Michael Charles Schwerin


There has to be a change of circumstances from the date that the original order was entered. If all of these conditions were in place at the time the order was entered, there is no change and no basis for a motion. I still suggest a consultation with an experienced family law attorney who can maybe help you come up with a solution or some other things that may be considered changed circumstances that you have not though of.



The court did order the mother to prove that she has a separate bed for the child. She has not done that yet. Can that be grounds for at least not allowing visits until that is proven?


You have excellent questions but virtually no facts to allow me to give you an appropriate response. However what I can say is that although the state legislature made it clear that there is no preference in the law when awarding legal custody, whether joint or sole, the fact remains that the overwhelming practical preference is joint legal.

So to get sole legal custody you must have exceedingly great facts such as mother has no contact with the child, she abuses child, abandoned the child, interferes with your ability to properly raise the child which is to the detriment of the child, and so many other factors. Child custody matters are quite dynamic and fluid so many factors will be considered before the court will grant such an order granting you sole legal custodyl

To place a parent on no overnight visitation you must have facts that based on the preponderance of the evidence the court believes it is in the best interest of the child. So I cannot in a vacuum come close to addressing this issue without more facts. So, call for a free initial consultation--up to 30 minutes free at (909) 481-5350.

This answer is not intended to give you any legal advice as the information provided by you is insufficient to provide any legal advice. You must seek the services of a qualified and experienced attorney before acting on any advice from this website or any other place.

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