Legal Question in Family Law in California
My 15 yr. old son decided to move in with his father 7 weeks ago.
He wants to live a life of unrestricted multiple hours of television &
computer access. He is obsessed with inappropriate violence.
He does not want responsibility or direction. My son left my house
after a disagreement about his inability to take control of his behavior.
He stormed out at 11:45 pm. I did not know where he went.
My ex-husband arranged to pick my son up. He spoke to an attorney
while taking my so that same night. It was not a date for his visitation.
My son was aware of the conversation. The father has not returned
my son, enforced communication, or even a visit. I have full physical
custody of my 3 children, from my divorce 5 years ago. The father
has 2 evenings a week/ every other week/ & alternate years for holidays.
The father says he wants custody of my son. No papers were served
to me in the past 7 weeks. The father lives in a different city than me.
I sent an email demanding an answer of the father, in regard to how
he plans to handle my son's situation. The father stated he will keep
my son, I can have visitation twice a week, and alternate weekends.
The father transfered my son's school registration without my consent
or knowledge. He used his address as my son's residence, and then
transfered my son back into my district. I had stated to the father,
that he could not use my address and keep my son. What are my
rights, isn't the father in violation of the custody order, isn't this
completely illegal? I cannot afford representation. I am able to
process court documents and represent myself, as I did in my
divorce which went to a full trial. Thank you for your time and consideration.
1 Answer from Attorneys
You have waited WAY too long to do something about this. You need to act immediately. First you need to file an OSC re: contempt and modification of custody to take all custody away from your ex and only allow supervised visitation, with the court that issued your last custody order. Next you need to show up at your ex's house with a certified copy of the existing order and a police or sherriff's officer on "civil standby," and get your son back. Then you need to get you and your son into counseling. If he runs away to his dad's again, report him as a runaway.