Legal Question in Family Law in California
Child custody
I have 50 50 custody with both my boys. If I pick them up to stay the night at my house and notified there mom. Can she file kidnapping charges on me. Both boys want to stay the night at my house as well my oldest son is 14 and my younger son is 12.
1 Answer from Attorneys
Re: Child custody
Kidnapping would not apply, but you could be charged with child stealing. This would also be violation of the custody and visitation order. This could result in a contempt citation and could even result in a restriction on your visitation. Try to negotiate with her to have the boys stay over. If she will not agree you could go to court and request a change in custody and visitation. Consult with an attorney as you have given only limited facts, and a full discussion is required to get the best response.