Legal Question in Family Law in California

My daughter was at the begining stage of a child custody suite and no orders were given by the court yet.

My grand daughter was living with my daughter and the father asked to see her and was allowed when it came time to bring my grand daughter home to her mother the father refused to return her and cut off all/any communications between my daughter and grand daughter for over a month when the father finally allowed my daughter to see or communicate with my grand daughter he wrote out a hand written promisary note that he forced my daughter to sign or she could not see her daughter (this being a form of blackmail) therefor the father kept my grand daughter throughout the entire custody case and ended up winning custody of my grand daughter..


Asked on 7/16/19, 6:34 pm

1 Answer from Attorneys

I'm not sure what your question is, but it seems there is more to this situation than you describe. No document signed under duress, or really any agreement made under those circumstances would be legally binding on a court making custody decisions. In fact the court is allowed, though it rarely does, to completely disregard any agreement by the parents if the court finds it is not in the best interests of the child. So something other than the agreement was involved in the decision, or your daughter's lack of willing consent to the document and the father having custody was not properly presented to the court, or something else that there is no way for me to know.

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Answered on 7/17/19, 10:09 am


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