Legal Question in Family Law in California

legal malpracitice in parental abduction case

A year ago we separated and started custody procedings. I told my attorney that I my wife had said she would take our son and I would never see him again. 3 months ago she disappeared with our son. Now I am told there was never any custody order. My attorney says it is covered by Section 3010 in CA, Now the counrty she has gone to has been reluctant to help because there is no clear custody order. But all the ABA articles from 1996 report whenever abduction is a concern clear strong custody orders are required. He even crossed out the preprinted box for prohibitting removing the child from the local counties. I may never see my son again and may spend a fortune finding him. Is this grounds for malpractice?


Asked on 7/07/01, 2:15 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: legal malpracitice in parental abduction case

It appears that you have a dissolution case filed. File a motion or order to show cause with that court. In your supporting declaration clearly set forth the facts of you case. Then request that the court give you custody of the child. If you have her address you the motion can be served on her.

Many judges take this type of conduct very seriously and have used this type of conduct to justify a change of custody.

Your attorney must take an aggressive approach to you case.

This aggressive apporach is required because of the reluctance of the DA to take action.

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Answered on 9/15/01, 11:49 pm


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