Legal Question in Family Law in California
Ethnic Heritage and Language as detriment to children
Does loss of ethnic heritage and language constitute detriment to the extent of challenging custody and visitation? My children were bilingual and then have all but lost their language skills due to the move away despite court orders for language instruction. In other words, the present custodial situation does not provide for the development of their ethnic identity, including their language. Mother has disregarded court orders to provide children with exposure to ethnic background cultures.
1 Answer from Attorneys
Re: Ethnic Heritage and Language as detriment to children
I beleive a compelling legal argument could be made based on mom being in contempt of the court orders with the result that the kids are losing heritage and language as a detrimental result. There may be case law on point to support that argument - I haven't researched the issue. Her failure to follow the orders may also constitute a significant change in circumstances, if that is the standard you have to meet. That is another research question. You should consult with a custody attorney.
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