MOORPARK : Father Wants Equal Time With His Son

A Moorpark father involved in a bitter custody battle over his 8-year-old son has asked Ventura County Superior Court to modify the custody order so the boy can spend two weeks a month with him.

Michael Fingert filed the request in June, one month before the California Court of Appeal, 2nd Appellate District, overturned the 1988 Superior Court order that forced his ex-wife, Pamela Besser, to move herself and their son, Joshua Fingert, to live near him in Ventura.

In 1988, Ventura County Superior Court Judge Edwin M. Osborne awarded 37% custody of Joshua to Fingert and 63% custody to Besser.

Joshua spent three weeks a month with his mother in San Francisco and one week with his father in Ventura, but the travel put a strain on him and his performance in the two separate schools he attended, according to court documents.

When his parents asked for the custody order to be modified later in 1988, Superior Court Judge Charles R. McGrath ruled that Joshua should live near his father, which forced Besser to move with him to Ventura rather than lose custody altogether.

But on July 13, the appeals court overturned McGrath’s order, saying it restricted Besser’s constitutional right to travel.

The appeals court ruling essentially freed Besser to move where she wishes.

Fingert has until Aug. 23 to appeal that ruling.

Meanwhile, a hearing is scheduled for Aug. 29 on Fingert’s latest request to modify the custody arrangement.

The request said that, last December, “Joshua came to me with his concern and desire for equal time in each of his homes. He said, ‘Dad, I want to live two weeks here and two weeks at my mom’s during the school year. I think that is fair. Can I?’ ”

Fingert has routinely declined to comment publicly on his case.

His attorney, Besser and her attorney could not be reached Friday for comment.