Legal Question in Family Law in California

Child Custody

I am going through a divorce and I share joint custody of my 12 year old daughter with my husband. My ex is very uncooperative when it comes to our daughter. Wants to call the shots. It's my week to have her, she is in no physical danger and I take very good care of her. My ex, because he can't get a hold of her on her cell phone (which is broken), is threating to call the police and that I will never see her again because he needs to be able to reach her 24/7, and that ''I've met my match.'' What can law enforcement do if he calls them and I am clearly not breaking any laws, but there is no custody order in place yet. We've been battling back and forth through my lawyer to come to an agreement re: custody.


Asked on 4/10/09, 1:46 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Custody

If there is no court order for visitation and custody either parent has the right to have the child with them. Law enforcement will not make a determination as to who has the right to the child. The exception is when a court order clearly defines the time the child is to be with each parent. In that case they are merely enforcing the court order. You should meet with your attorney and discuss this matter in detail. Your attorney is aware of all of the facts in your case. If father is unwilling to agree to a court order then you should file a motion to set custody.

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Answered on 4/10/09, 2:22 pm


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