Legal Question in Family Law in California

This is regarding the custody of my children. There is no legal custody agreement in effect only a verbal agreement. My ex husband is refusing to give me my children on the agreed upon days. I have already applied for legal custody at the family courthouse. However, what are my rights now? Can I make him give me our children?


Asked on 9/20/10, 5:28 pm

1 Answer from Attorneys

Diane Singleton-Smith Singleton Smith

If there are no orders then either one of you can keep the kids with you. The police will not force one of you to give the other the children. Keep in mind that your actions will be reviewed by the judge when he makes his custody and visitation orders so you want to make sure your behavior is reasonable. That dad is not allowing you to see the kids will not look good to the court. You should continue to try to see the kids, go to their activities, call etc. Keep a log of all of your attempts and dad's responses so you can show dad's bad behavior.

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Answered on 9/26/10, 12:04 pm


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