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When The Cat is Away

Can you control what your kids do when they’re spending time with your ex?

Generally speaking each parent gets to make decisions regarding a child’s activities during their period of physical custody. The State of California, represented by the judicial officer, is not the “super parent” entitled to make the usual decisions regarding how to raise children. When parents disagree about some activity (I’ve seen things like riding on motorcycles or scooters, flying in a private plane, sailboat ride, playing certain sports, eating certain foods, etc.) the limitation on the judicial officer is finding some solid evidence of actual danger to the child. To see just how high that burden is take a look at In re Marriage of Mentry, 142 Cal. App. 3d 260 (Cal. App. 1st Dist. 1983). That case was always my touchstone when these issues were brought to me. — Honorable Judge Robert Schnider (Retired)