Legal Question in Family Law in California
My ex-wife has primary custody of my 15 year old son, he is presently with me for the summer visitation in California. It is time to take him back to his mother but she has been evicted from here rental home and must be out by the end of July. This is here second eviction. Can I retain custody until she provides a new home for my son? Or must I return him to her with no home?
1 Answer from Attorneys
You would need to ask this question using her zip code and state, unless the original custody order is from California. If it is a California case, you have good grounds for an emergency temporary modification of custody, but you have to go to court and get it, or get her written consent not to abide by the existing order. Just keeping your son with you would be contempt of court and would actually jeopardize your position in later court proceedings. Courts don't like people who just decide not to follow the court's orders, no matter how reasonable the reason.
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