Legal Question in Family Law in California
Custody of my Sons
January 7, 2009
I am requesting that I am granted emergency full physical custody and that sons are returned to me immediately because she did follow the court order to pick up the children in august of 08, due to her lack of responsibility as a parent by moving to New York around July 2008 which she again put herself in an unstable environment unable to take care of 5 children. Boys have been in my physical care for 18 months without any financial assistance from Vickie.
She also refused to comply with the visitation rights because Boys were supposed to just go and visit with their mother in Georgia for the 2008 Christmas and New Year�s holiday and return back on Sunday Jan 4 2009. Under visitations it states that we would not interfere with their school or routine home schedule. She has refused to return them as promised. The day she picked them up she delivered to me a hand written and signed letter stating that she would bring them back. Even though I knew in my heart she could not be trusted I wanted to make sure that I complied with the current orders and that is why I sent them off with their mother for the holiday break in 2008. They are currently enrolled in school in Enon elementary Chester Va and we never had
2 Answers from Attorneys
Re: Custody of my Sons
What is your question, Sir?
Re: Custody of my Sons
If you have a current custody order in California, and it clearly states you are to have custody after January 4, you can have it enforced in Georgia. You would need to contact the Georgia Department responsible for enforcing custody. If you know where the mother is, you can have an officer from the Georgia department go with you to pick up the child. As far as the transportation costs go, you may be able to get an order requiring the mother to remiburse you. Or you may be able to obtain a California order requiring the mother to return the children to you forthwith or be held in contempt of court. However, a contempt of court order in California does not have much power in Georgia. Also, as you both no longer live in California, you may want to consider having the child custody portion moved to Virginia. As far as support goes, unless Virginia has jurisdiction over the mother, Virginia cannot require the mother to pay support. So, you may need to keep the support portion in California or move it to Georgia. Regardless, you need to have an attorney review your current orders to give you informed advise.
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