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Noncustodial Parents Must Return their Children Home on Time Following Summertime Visitation

Posted by Thomas Huguenor on July 23, 2014 in Child Custody

This is the sixth post in my series discussing common issues San Diego parents face during summertime visitation. My last post discussed how to handle a child that uses drugs or breaks the law while in your custody for the summer. Today’s post will discuss an issue that frequently comes up at the end of the summertime break- the noncustodial parent wishes to retain primary custody of the child.

San Diego parents should plan in advance if they wish to fight for a change in custody following the summer

If your child is traveling to San Diego to visit this summer from another state then it is understandable for the noncustodial parent to have trouble parting with the child at the end of the visit. Many parents begin to envision what life could be like if their child lived with them full-time as summer comes to a close. They may believe that the school districts are better, that San Diego provides more opportunities for the child, or the child may ask to live with the noncustodial parent. However, changing custody is not a quick process, and you may not simply ignore the order to return your child. The custody order is a legal document, and if you fail to return your child to the custodial parent on time you may be found in contempt of court. A family court judge will not look favorably on a parent who has ignored the return date on the visitation order, or who has attempted to gain primary custody at the last minute. California parents who wish to ask for a custody change will have the best chance of having their request taken seriously if they contact an attorney as soon as possible.

California parents must be able to prove that a change in circumstances has occurred to justify a custody change

If you are thinking of requesting a change in custody following the end of the summer visit with your child then it is important to consider what is different from the last time you were in court. If the Family Court originally awarded custody for a specific reason, you will have to prove that something has changed. You may be able to prove that the school system in your district is better, or that your child would benefit from having more quality time with you. If a change has occurred in the custodial parent’s home that is detrimental to the child’s well-being that may also present a reason to change custody.

The Courts favor parents who are organized and take large changes to their child’s life seriously. If you wish to file for a custody change it is important to start as early as possible. Contact our San Diego child custody lawyer today if you wish to extend your child’s summertime visitation permanently.

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Posted in: Child Custody

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