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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Greetings, I am in the middle of a divorce in California.

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I am in the middle of a divorce in California. My Wife and I have been working out child visitation during this process on our own, but now she is cutting back on the amount of visitation that I am allowed and is also cutting out a two week visitation during the summer that we have already agreed upon.

Does she have the right to do this? Secondly, our status meeting with the judge is MONTHS away. What can I do to ensure that I get my share of visitation during this process.

Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

I am sorry for your situation. Can you please tell me - do you currently have temporary custody orders in place, or not (and this is all informal)?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 4 years ago.

We do NOT have any orders in place at all. We have been handling the scheduling of the children on our own. Up until now I have been ok with everything, she has just now gone off the deep end.
Thank you.

What a lot of people do not realize is that while the main petition is pending, you may request temporary orders that will spell out custody and child support until the Court touches base again at the hearing on the merits (i.e. trial).

So you could have done this. If you have not, then both parents have natural rights to the children and to take and keep them away. Both you and she can (peacefully) take the child whenever you want, and of course this gray area creates a lot of frustration for parents who cannot get along (hence, the availability of the temporary orders).

So yes, she can do this since no order is in place and in order to get access to the children, you may want to consider filing for temporary orders that would be heard 2-4 weeks after filing.

I hope this finds you well. Please remember – I do not get credit for my time with you unless the answer is rated/concluded by you (while no mandatory, a bonus is always appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you need more information, simply hit reply so we can chat until you are satisfied. You may always come back to this thread for follow ups on this topic free of charge.
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