Legal Question in Family Law in California

She can, but unless he agrees, you cannot. You are legally responsible for complying with the custody order. If you fail to do so, you can be held in criminal contempt of court. If your daughter really wants to have less custodial time with her dad, you need to file a motion or OSC to modify custody. You can't just keep her with you because she wants to. You should also get to the root of why she doesn't want to go to her dad's. You of course think he's a total jerk and naturally she doesn't want to spend time with him, but a child shouldn't feel that way about her parent. So isn't that more important than the legalities?

You may bring the matter to the judge via an OSC. The judge may order that the parent and child attend counseling to try to repair their relationship. If he does not cooperate or if it is a hopeless cause, then his visitation may be terminated. Contact me directly.