Legal Question in Family Law in California

My daughter (age 15)with whom I have joint/physical custody (with her dad) has no forced visits with him, I have to go out of state for a week and she doesnt want to go to her dads, I made arrangements for her to be watched by a relative and the father is saying she has to go to him can he force her, and what are my options ( it does say if one parent is gone five or more days the other parent will have custody until the parent returns) what do I do?????


Asked on 7/30/14, 7:08 pm

2 Answers from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

Your orders from the court seem in conflict; in that your daughter cannot be forced to visit Dad, yet she must visit Dad if you are away more than five days. Dad probably won't be able to "force" her. But it's still possible that he could come over to your house, or the relatives, with a copy of the court order accompanied by the police. The police may interpret the order as requiring her to go with Dad. In the face of this authority, your daughter may back down.

Hopefully you can avoid this lose/lose scenario

. Absent abuse or neglect, it is important that father and daughter have a relationship; if for no other reason than its a tremendous asset to have two parents who want to see their child do well in life, rather than just one. Another reason is that it can get awfully expensive with court costs and possible involvement with Family Law Court or the Department of Child and Family services- just to prevent your daughter from not having as much fun in a week as she believes she would have had at a relatives house. I suggest father and daughter talk this out - and if its not resolved - you provide Dad with information where he can pick up daughter and thus throw the ball in his court. Hopefully you can convince your daughter of the wisdom of coming to some sort of arrangement with Dad. You should not try to hide the location of your daughter from Dad or instruct the relatives to hide her from him. If she doesn't go with him - that's up to her.

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Answered on 7/30/14, 8:36 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

If your existing court order mandates that specific time share ,then it's appropriate for daughter to be with father. Coparenting counseling would be the best choice in this situation. Please meet with an experienced family law attorney to explore your legal options.

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Answered on 7/31/14, 7:05 am


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