What is my ex entitled to if he has 5% rights to our son? 4 Answers as of August 01, 2011

My ex husband currently lives in Gresham OR and was awarded during our divorce 5% rights to our son. Our son and I live in California. My ex has rarely called and has only come to visit about 6 times in 4 years. So I would Like to know what rights to our son he is entitled to with only 5% rights.

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Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
5% means that he is legally entitled to visit him 5% of the days in the calendar year. If he chooses not to exercise that visitation then that is up to him.
Answer Applies to: California
Replied: 8/1/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should read the language in the Child Visitation Order (or Judgment). Your ex-husband is entitled to the visitation rights set forth in that Judgment. If it merely allows him to visit with your child/children for 5% of the time without specifying where and when that visitation can be exercised, I would suspect that the 5% was set forth merely for purposes of calculation of Child Support. If your ex-husband asks to visit with the children, I would suggest that you try to work out reasonable terms for his visitation. A Child Visitation Order (or Judgment) that doesn't specify where and when the visitation should be exercised, or at least provide a vehicle to enable visitation to be arranged is likely unenforceable, so if your ex-husband and you cannot work out reasonable terms for his visitation, he would likely need to file an Order to Show Cause in the divorce case to seek specific visitation orders.
Answer Applies to: California
Replied: 8/1/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The percentage you are referring to is a time share percentage. 20% time share typically is alternating weekends or holidays. Your ex's time share is 1/4 of that. Legal custody if shared jointly allows the parents to make big health,education and welfare decisions together for the child's well being. If you have sole legal custody,then all the major decisions concerning the child's welfare is in your control. Father still has contact with the child for the 5% visitation.
Answer Applies to: California
Replied: 7/31/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
5% is the total number of days representing his visitation schedule and is the basis for child support. I assume you have a visitation schedule which details what time he has with your child. If you deny him this time, he has the right to file a contempt of court. Best of Luck.
Answer Applies to: California
Replied: 7/31/2011
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