Legal Question in Family Law in California
Me and my ex-husband have court settlement of joint physical custody but it clearly says mother shall have the primary custody of the childrens , subject to the right of visitation by the Father .Court ordered $1200 child support and spousal support is reserved .My kids are visiting on vacation and he said he will not send the kids back to me and he called me to move out from the apartment that i live because he lost his job and he can't afford the child support and he kept the kids including the 3 years old daughter also , regular time share periods clearly shows in my settlement that the children will reside with the mother all the times other than those set times , i'm so sacred he is threatning me to go to the court and take the custody from me because i don't have a job . times are tough jobs are not easily available , plz help
1 Answer from Attorneys
Custodial placement is based on the best psychological environment for the children. Your lack of a job does not bear on placement of the children if you can care for them and their housing is adequate. If he refuses to return the children and the order clearly sates they should be in your custody, contact your local police to assist on having the children returned to your care.
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