Legal Question in Family Law in California

Child Support-after Spouse Moved

I have joint custody of my 14 yr old son. I am to take care of my son every other weekend. Within the last month my spouse took my child and moved to a unknown location. I have not been able to pay child support because she did not info me she was going to move. Today I got a call from my son and he told me he is living in Fairfield, CA but will not give me the address, or tell me how he is. What rights do I have? What can I legally do? I do not know where my child is, or how to contact him.


Asked on 8/23/00, 10:15 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Support-after Spouse Moved

Your should immediately contact the district attorney's office in the county of your residence. The district attorney should take a report and then attempt to contact her. The district attorney is usually very effective in finding the missing parent and the child.

Keep a record of the costs you incur in attempting to locate your child. She can be ordered to pay these costs.

The child support should be placed in a savings account and held until this matter is resolved. Even though she has taken the child and hid you are still liable for child support.

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Answered on 10/02/00, 3:07 pm
Diana Mercer Peace Talks Mediation Services

Re: Child Support-after Spouse Moved

As a joint custodian of your son, you have as many rights as she does. Assuming your joint custody and visitation are delineated in a court order, she's in contempt of court. She may also have committed Parental Kidnapping under the PKPA (federal kidnapping prevention act). See an attorney immediately. The longer this goes on the harder she may be to find, and the harder it will be to enforce your rights.

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Answered on 9/29/00, 9:43 pm


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