Legal Question in Family Law in California

custody

I have full physical custody of my 3 childern. 2 girls and my 10 year old son. At the request of my son I reluctantly allowed my son to temp. live with his father. I instructed my ex that this would be temp. allowing my son much needed time with his father & that if it turned into any kind of issue he would immediately return home. I know how it is to be from a divorced family, not caring about the adult issues only that its my ''Dad''. My ex will not allow my son to come for a visit has quit his job and moved out of state. He has filed for custody and asked to no longer pay child support, which is his modivation behind all of this. He is behind & has not been paying his less than state recom. support. In the papers he filed asks to no longer have to pay. He has rarely in the past taken his visitation unless forced. But right now the money is no issue only that my son return to at best visit. My son thinks he is returning home tomarrow, but my ex said he could'nt come only that I could come visit there. I have contacted the police theres nothing they can do since we went outside of the court order. Can I legally go get my son and what rights do I still have. I thought this was freindly arangement for our sons best intrest.


Asked on 9/24/04, 3:10 am

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: custody

You need to consult with an attorney to assist. I do not believe the judge will be happy with your ex's behavior. The court will likely require a court mediation to review your childs situation. Call if you wish to discuss.

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Answered on 9/24/04, 2:23 pm


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