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Visitation issues 50/50 custody.

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B2004

Junior Member
What is the name of your state (only U.S. law)? California.

My ex-wife and I divorced over a year ago, but we never lived appart because it took her so long to find a place of her own that we ended up staying together to try and work things out again. However, fast forward 15months later and we are now living apart as of March 13th.

Our divorce states 50/50 custody. We never set up exact dates as to when I was supposed to have my daughter but now that we are apart my ex-wife says that she will only let me have her on my 2 days that I have off work. The issues I have with this is:

1) I have 50% custody, 2 days a week is not 50% I would like to have my daughter at least 3 days

2) She moved about 60 miles away from me one way. My days off change every week, and they are rarely back to back so most of my time with my daughter will be spent driving to pick her up and drop her off, we would never be able to really do anything.

What can I do to resolve these issues? I told my wife, via text message, that I would like to have my daughter Mon-Wed from here on out and she said "No". That I will have to email her a copy of my work schedule and I can only have her on my 2 days off a week. I know that the permanent solution to this would be to go to court, but what can I do in the mean time?
 
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CJane

Senior Member
What - exactly - does the order say re: time with the child?
Also, pick ups and drop offs.
Also, how old is the child?
 

B2004

Junior Member
What - exactly - does the order say re: time with the child?
Also, pick ups and drop offs.
Also, how old is the child?
I dont have any sort of visitation order. All I have is a divorce that states "Child Custody, 50/50" Thats it.

Pick ups/drops....Nothing legal. At this point she wants me to go to her.

My daughter is 1 year old.
 

CJane

Senior Member
I dont have any sort of visitation order. All I have is a divorce that states "Child Custody, 50/50" Thats it.

Pick ups/drops....Nothing legal. At this point she wants me to go to her.

My daughter is 1 year old.
You need a real order. One that accounts for the distance between the two of you, as well as one that allows for changes as the child gets older.

Right now, I think you'd have a hard time holding mom responsible -- legally speaking -- for her actions.
 

B2004

Junior Member
You need a real order. One that accounts for the distance between the two of you, as well as one that allows for changes as the child gets older.

Right now, I think you'd have a hard time holding mom responsible -- legally speaking -- for her actions.
Ok, what should I do to get this started? My ex-wife said we have a mediation April 17th....That's a month from now. I don't want to wait that long. Is there anything else I can do?
 

CJane

Senior Member
Ok, what should I do to get this started? My ex-wife said we have a mediation April 17th....That's a month from now. I don't want to wait that long. Is there anything else I can do?
Your ex-wife said you have mediation .. what's been filed?
 

ecmst12

Senior Member
You're not going to get anything to happen sooner than that.

You can ask that she be responsible for transportation since she created the distance.
 

B2004

Junior Member
Your ex-wife said you have mediation .. what's been filed?
I don't know. I found out we had mediation because she told me via text and that's all she said. I don't even know a time. I assume I will have to be served some time soon?
 

CJane

Senior Member
I don't know. I found out we had mediation because she told me via text and that's all she said. I don't even know a time. I assume I will have to be served some time soon?
This would be an excellent time to be proactive and get thee to the courthouse where your original order was filed and see what ELSE might have been filed recently. You can then pick up copies of whatever it is and not wait to be served.
 

B2004

Junior Member
This would be an excellent time to be proactive and get thee to the courthouse where your original order was filed and see what ELSE might have been filed recently. You can then pick up copies of whatever it is and not wait to be served.
Awesome. Im on it!
 

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