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Child Visitation Modification in Orange County Ca.

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tfloresii

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

My daughter school is 33.5 miles away from my house. And she is 16.5 miles away from my work. I would like to spend more time with her my current child custody does not favor me. What I am looking to accomplish is the following:

1st week of month Saturday Morning-Wednesday Morning
3rd week of month Saturday Morning-Wednesday Morning

And I would like to get her every other Wednesday overnight. My daughter is 6yrs old. She is currently in the 1st grade.

Current visitation are as is:
every other weekend sat-sun
every wednesday 4-7PM

I pay my fair portion of C.S. and Alimony. But now that I have a place of my own and her own room..

Would a judge grant me this in the O.C. Courts? There is no reported DV etc...
 


Silverplum

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

My daughter school is 33.5 miles away from my house. And she is 16.5 miles away from my work. I would like to spend more time with her my current child custody does not favor me. What I am looking to accomplish is the following:

1st week of month Saturday Morning-Wednesday Morning
3rd week of month Saturday Morning-Wednesday Morning

And I would like to get her every other Wednesday overnight. My daughter is 6yrs old. She is currently in the 1st grade.

Current visitation are as is:
every other weekend sat-sun
every wednesday 4-7PM

I pay my fair portion of C.S. and Alimony. But now that I have a place of my own and her own room..

Would a judge grant me this in the O.C. Courts? There is no reported DV etc...
Have you talked with the custodial parent?

We cannot state how a judge will rule.
 

Zigner

Senior Member, Non-Attorney
Depending on your current order, you will need to show either a change in circumstances in the child's life, or that it is in the child's best interest to change your current order. I suspect that the best-interest standard will apply.

So, how is it in your child's best interest to be forced to stay with you for three school days at that distance from her school?
 

CJane

Senior Member
Pardon me if my assumption is a bit off... but when you say your order is not in YOUR favor, I suspect that what you're seeking is not necessarily what's best for the CHILD but rather for YOU.
 

tfloresii

Junior Member
My daughter has had to go to a therapist due to the amount of stress her mother has caused on her. At one point last year she was losing her hair. I am even opening only taking her two days during the week. I want to be involved in my daughter's life and I only want what is fair. I do not want anything that is not fair.
 

tfloresii

Junior Member
Pardon me if my assumption is a bit off... but when you say your order is not in YOUR favor, I suspect that what you're seeking is not necessarily what's best for the CHILD but rather for YOU.
No it is not in my favor because I see other father's that have a history of DV, Alcohol etc...and the judge still granted them child visitation. I have no history of that. During the original time of the order I did not have my own place. Now I do. So now I want to spend that time with my daughter and be involved in her life. Me being involved in her life is in her best interest and mine.
 

Zigner

Senior Member, Non-Attorney
No it is not in my favor because I see other father's that have a history of DV, Alcohol etc...and the judge still granted them child visitation. I have no history of that. During the original time of the order I did not have my own place. Now I do. So now I want to spend that time with my daughter and be involved in her life. Me being involved in her life is in her best interest and mine.
You do have visitation.
You are involved in her life.

How is your schedule, which has, presumably, been in place for quite some time, going to be better for your child? You already complain about the stress of the current situation. What makes you think your suggestion is going to be any less stressful?

You should speak to an attorney.
 

Silverplum

Senior Member
My daughter has had to go to a therapist due to the amount of stress her mother has caused on her. At one point last year she was losing her hair. I am even opening only taking her two days during the week. I want to be involved in my daughter's life and I only want what is fair. I do not want anything that is not fair.
Contact an attorney.
 

Ohiogal

Queen Bee
My daughter has had to go to a therapist due to the amount of stress her mother has caused on her. At one point last year she was losing her hair. I am even opening only taking her two days during the week. I want to be involved in my daughter's life and I only want what is fair. I do not want anything that is not fair.
How much stress have you caused upon your child?

And fair? This is not about what is FAIR to you. It really isn't. Fair is NOT what determines -- best interests determines.
 

Isis1

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

My daughter school is 33.5 miles away from my house. And she is 16.5 miles away from my work. I would like to spend more time with her my current child custody does not favor me. What I am looking to accomplish is the following:

1st week of month Saturday Morning-Wednesday Morning
3rd week of month Saturday Morning-Wednesday Morning

And I would like to get her every other Wednesday overnight. My daughter is 6yrs old. She is currently in the 1st grade.

Current visitation are as is:
every other weekend sat-sun
every wednesday 4-7PM

I pay my fair portion of C.S. and Alimony. But now that I have a place of my own and her own room..

Would a judge grant me this in the O.C. Courts? There is no reported DV etc...

FYI, i lost everything you said when you said "reported", thus suggesting there was unreported DV.

I'm going to suggest what the increase was in my visitation the first time there was a modification. but i have to ask, are you able to take your daughter to school and pick her up in a timely manner?

"every other Friday from the time school lets out or 12pm if there is no school until the following Monday returning to school or 12pm if there is no school.

every Wednesday from the end of school or 12pm if there is no school until the following Thursday return to school or 12pm if there is no school."

you not having reported DV has no bearing on visitation with the children. you could beat the tar out of mom and the courts will still grant ample visitation to dad. neither one is relevant to the other.
 

tfloresii

Junior Member
You do have visitation.
You are involved in her life.

How is your schedule, which has, presumably, been in place for quite some time, going to be better for your child? You already complain about the stress of the current situation. What makes you think your suggestion is going to be any less stressful?

You should speak to an attorney.
Since she has been seeing me and more and spending time with me. She has improved. Her hair has grown back completely. Her mother makes her feel like she has to choose sides. Her therapist is a Court Licensed 730 Child Custody Evaluator. So I do have her on my side stating that the mother puts her in a bad situation and is constantly bad mouthing me. This is why I want more time with her. The more I have her the better off she is. I do not bad mouth her mom to her....
 

Isis1

Senior Member
My daughter has had to go to a therapist due to the amount of stress her mother has caused on her. At one point last year she was losing her hair. I am even opening only taking her two days during the week. I want to be involved in my daughter's life and I only want what is fair. I do not want anything that is not fair.

sorry, dude. this excuse isn't going to fly as a reason to gain more time. what you are suggesting is emotional abuse. and by suggesting your child is being emotionally abused and seeing a mandated reporter who is not reporting this abuse as required by law.....that is a severe accusation.

you are stepping on some serious ground here with that. i suggest you start getting to the bottom of what is REALLY stressing the child out and why a 6 year old emotionally stressed. maybe having a talk with mom out of concern instead of fishing and trying to blame mom.
 

Isis1

Senior Member
Since she has been seeing me and more and spending time with me. She has improved. Her hair has grown back completely. Her mother makes her feel like she has to choose sides. Her therapist is a Court Licensed 730 Child Custody Evaluator. So I do have her on my side stating that the mother puts her in a bad situation and is constantly bad mouthing me. This is why I want more time with her. The more I have her the better off she is. I do not bad mouth her mom to her....

right here ^^^^


that can be taken as "i wasn't involved in her life and that was stressing her out. now that i am spending time with her and being consistent in her life as a responsible parent, she is less stressed."

you two are both at fault here. 100%. the both of you. you don't get to get out of that.
 

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