Which Family Code?

[GoodDadtoBK]

What is the name of your state (only U.S. law)? CA

Can anybody tell me what California Family Code addresses the fact that the Court cannot fail to award parenting time based of the fact that a parent works?

Thanks in advance for your help

 

[dmcc10880]

Read CA Family Code Sections 3040-3049.

 

[GoodDadtoBK]

Thanks!

I will try that

 

[Zigner]

Thanks!

I will try that

You will not find what you are looking for there. What you WILL find is that there is no such statutory restriction.

 

[GoodDadtoBK]

I will tell you what the Judge said, exactly. This is from the Reporter's Transcript of Proceedings.

"The Family Code says I cannot take away a child from Mom because she works. It says I cannot fail to award to Dad parenting time because he works. That would be gender bias. I can't do that."

I am just trying to figure out where I would find this information.

Thanks!

 

[dmcc10880]

You will not find what you are looking for there. What you WILL find is that there is no such statutory restriction.

Zigner... God helps those who help themselves.

 

[LdiJ]

I will tell you what the Judge said, exactly. This is from the Reporter's Transcript of Proceedings.

"The Family Code says I cannot take away a child from Mom because she works. It says I cannot fail to award to Dad parenting time because he works. That would be gender bias. I can't do that."

I am just trying to figure out where I would find this information.

Thanks!

You are not going to find that exact wording. However, parents have constitutional rights to their children and a court cannot take away a child from either parent just because they have to work for a living. That would be a violation of their constitutional rights.

 

[Zigner]

I will tell you what the Judge said, exactly. This is from the Reporter's Transcript of Proceedings.

"The Family Code says I cannot take away a child from Mom because she works. It says I cannot fail to award to Dad parenting time because he works. That would be gender bias. I can't do that."

I am just trying to figure out where I would find this information.

Thanks!

Think "paraphrasing". The judge was looking at the matter through an "overall big-picture" lens. There is no specific restriction, however the intent of the law is as stated (in that judge's opinion.)

 

[mistoffolees]

I will tell you what the Judge said, exactly. This is from the Reporter's Transcript of Proceedings.

"The Family Code says I cannot take away a child from Mom because she works. It says I cannot fail to award to Dad parenting time because he works. That would be gender bias. I can't do that."

I am just trying to figure out where I would find this information.

Thanks!

What are you trying to accomplish? Sounds to me like the judge is trying to take a very reasonable position.

Are you trying to take a child away from Mom because she works? Or is it the other way around?

Tell us what you're trying to do and maybe someone can help.

 

[GoodDadtoBK]

I was awarded more parenting time with my daughter because Mom was allowed to move about 75 miles away with our daughter.

Mom is now taking me back to court, again, asking that the Judge reverse that decision due to the fact that I work on some of the days that I have our daughter. I agree that the Judge was very fair in her decision. Normal people work. The Judge told Mom that she feels that parents should experience real-life parenting, not just fun time on the weekends. It was made VERY clear in court that I was going to require child care for a few hours during one or two of the days that our daughter is with me.

I am writing my responsive declaration and was just looking for something to back-up what the Judge said. I am planning on including the transcript of our last court appearance as evidence.

This is like a full-time job.

 

[Zigner]

I was awarded more parenting time with my daughter because Mom was allowed to move about 75 miles away with our daughter.

Mom is now taking me back to court, again, asking that the Judge reverse that decision due to the fact that I work on some of the days that I have our daughter. I agree that the Judge was very fair in her decision. Normal people work. The Judge told Mom that she feels that parents should experience real-life parenting, not just fun time on the weekends. It was made VERY clear in court that I was going to require child care for a few hours during one or two of the days that our daughter is with me.

I am writing my responsive declaration and was just looking for something to back-up what the Judge said. I am planning on including the transcript of our last court appearance as evidence.

This is like a full-time job.

I would suggest you pay for some time with an attorney. You don't have to retain said attorney, but it's probably worth it to get some direction.

 

[dmcc10880]

I was awarded more parenting time with my daughter because Mom was allowed to move about 75 miles away with our daughter.

Mom is now taking me back to court, again, asking that the Judge reverse that decision due to the fact that I work on some of the days that I have our daughter. I agree that the Judge was very fair in her decision. Normal people work. The Judge told Mom that she feels that parents should experience real-life parenting, not just fun time on the weekends. It was made VERY clear in court that I was going to require child care for a few hours during one or two of the days that our daughter is with me.

I am writing my responsive declaration and was just looking for something to back-up what the Judge said. I am planning on including the transcript of our last court appearance as evidence.

This is like a full-time job.

In your response, rely on the Code Sections and craft your argument.

3040 (a) (1),
3041 (a) and (b) and (d)
3046 (a) and 3046 (a) (1)
3048

Ask for sanctions under Family Code 271.

 

[Zigner]

In your response, rely on the Code Sections and craft your argument.

3040 (a) (1),

Not a factor.

3041 (a) and (b) and (d)

Could be a factor, but, by the same token, if the child's going to be in daycare for the majority of the parents time, that's almost a better argument for the other party to make.

3046 (a) and 3046 (a) (1)

per the information given, this doesn't even RELATE.

3048

That has NOTHING to do with what our OP is trying to do.

Seriously, don't just look up codes and throw them out there

Ask for sanctions under Family Code 271.

That would be suggested in ANY proceedings that one is responding to. Of course, there is very little likelihood of it being awarded...but doesn't hurt to ask!

 

[GoodDadtoBK]

In your response, rely on the Code Sections and craft your argument.

3040 (a) (1),
3041 (a) and (b) and (d)
3046 (a) and 3046 (a) (1)
3048

Ask for sanctions under Family Code 271.

Thank you very much for that information. I have been reading family codes all morning.. everything is starting to become blurry!

 

[Zigner]

Thank you very much for that information. I have been reading family codes all morning.. everything is starting to become blurry!

Please, get yourself to an attorney for a bit of their time. It won't cost that much, and the benefits likely far outweigh the cost.

Don't listen to dmcc10880. The sections cited won't help you for the most part.