Legal Question in Family Law in California

Child Custody Order Not Complied

father has sole custody of child and mother has weekend visitation rights, father brought child to the mother for her weekend visit and the father never returned to pick child and mother took over the sole custody and care of child, so does the father lose the right of custody for breaking the court order and also does the mother have the right to file a case to give sole custody of the child to his mother?


Asked on 2/09/01, 6:07 am

3 Answers from Attorneys
Edward Lindley Edward Lindley, Attorney at Law

Re: Child Custody Order Not Complied

A PARENT ALWAYS HAS THE RIGHT TO SEEK TO MODIFY WHERE THERE IS JOINT CUSTODY. INFERRING FROM THE FEW FACTS PROVIDED, IT WOULD APPEAR THAT THE FATHER WISHES TO CHANGE THE THEH-EXISTING SITUATION. YOU DID NOT INDICATE HOW LONG THE CHILD HAS BEEN WITH YOU FOR THIS "VISITATION".

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Answered on 3/21/01, 8:07 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Child Custody Order Not Complied

Circumstances have changed to indicate a new custody order would be warrented. If the mother does not want to return the children to the father, please contact me directly at (619) 222-3504.

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Answered on 3/22/01, 10:16 am
Patrick McNeal Law Offices of Patrick D. McNeal

Re: Child Custody Order Not Complied

Nothing is automatic, you must petition the court for a change in the custody and visitation orders, citing the father's abandonment as a change of circumstances. good luck

pdm

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Answered on 3/21/01, 10:57 am


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