Legal Question in Family Law in California
My husband has joint physical and joint legal custody of his 3 kids. The mom is brainwashing the kids and constantly talks negative about the dad in front of the kids. Now his 14 year old son doesn't want to come over on my husbands custody day. Can my husband legally do anything about that, such as file for full custody? Also legally can the boy go to his moms home on my husbands legal day of custody? Can the mom get in trouble for contributing to the delinquency of a minor?
2 Answers from Attorneys
The remedy for her conduct is to file an Order to Show Cause why she should not be found in contempt of court for not following the custody order.
He can file an Order to Show Cause, which is now called a Request for Order, trying to modify the custody/visitation arrangement, however, you would have to prove parental alienation. The court may order a child custody investigation. More facts would be needed to adequately advise.
BARRY BESSER
www.besserlaw.com
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