Legal Question in Family Law in California
My ex husband kept my daughter after her visit to him this summer she was supposed to be back on the 30th of this month now he is telling me I need to go in and terminate the child support is this correct. She is almost 16 so I do not think that there is anything I can do legally to have her come home at the moment. he has said if she does not do well in school he will send her home he just wants to see if he can get her through school this year. She is an expirement to him.
2 Answers from Attorneys
You may many options depending upon where the child currenty is staying with her father. You should talk to an attorney as it appears that you need one.
Pat McCrary
You presumably have a custody order to go with the support order. Get a certified copy of the order from the court clerk and then show up at his door with a police officer on "civil standby" (they will know what that means) and take your daughter home. At the same time, file an OSC re: contempt and for modificaton of the custody order to terminate his visitation for violation of the existing order. That'll get his attention. You can then negoatiate any modifications to the custody arrangements from there once he is back in compliance with the existing orders.
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