California  |  Family Law

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8/29/10, 10:28 am

Legal Question


This is a complicated situation. We need to know if legal and physical custody of a child can be turned back over to the other parent,,,even if the other parent does not want it.

The father took the child when he was two years old but ran with him. Two years ago, my daughter found out where they were and filed for divorce including custody. No matter how many times we have talked to my grandson, given him time-outs, and taken away privileges, he continues to lie and steal. He also hurts (chokes, punches and bullies) the younger, smaller children.

He picks friends who are wannabe gang members. (In all fairness, he did stop smoking cigarettes.) He is 12 years old.


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9/03/10, 9:49 pm

Legal Answer


There is no way of forcing father to take him back. What he needs is counseling. Reporting his conduct to the police could result in him being sent to a group home. He does not need the pain of being rejected by his mother.

Lyle Johnson

Lyle W. Johnson Attorney at Law 152 N. Third Street, Suite 510 San Jose, CA 95112

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