I am in San Diego county and father moved to Riverside county.I have a court hearing in March to ask for modification of custody so kids can be with me while in school and with him on the weekednds till Sunday evening. Can the court restructure visitation temporarily untill then so the kids won't have to wake up at 4:30 am to get to school for the next 3 months? We have 50/50 as it stands and he has been dropping them off with me at 6am then I take them to school. There has been a noticable strain on the kids.Exp: Falling asleep in class,tired and will no longer be able to participate in thier regular extra curicular activities being that by the time they are done with activities and start driving back they don't get there untill almost 10pm. Can ex-parte be done? How and on what grounds? Is there a precident for this?
Thank you
Answer
Yes. This is a perfect case for ex parte relief. The grounds are just what you stated - this doesn't work for the kids at all.
Answer
An ex parte is ideal. Be sure to attach declarations of the children's school , daycare and extra activity providers affirming these problems with the children's adjustment.
Answer
I agree with the previous answers, however, do not think that declarations from the children's school are essential, however, they would be helpful. Most judges will recognize that waking at 4:30am to go to school and traveling a long distance before school is detrimental to the kids. Good Luck, Pat McCrary
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