Legal Question in Family Law in California

I have both legal and physical custody of my son. However, the other parent in my case was granted visitation of every other weekend. My child is now thirteen years old and has been having some issues with his father, most recently with his father kicking him out during one his visits. The problem is my son does not want to go back and his father is threating to have me put in jail and saying that I can lose custody if I don't force my son to comply with the court order that was put in place many years ago. What will happen if I go against the court order and keep him with me during his next scheduled vist, as my son is refusing to go? I understand that I need to petition the court asking to change visitation based upon my son's decision not to visit his father, and theFCS will interview your son and as he is now old enough to tell FCS what he really wants. However, due to my work schedule I might not be able to file the paperwork right away and if my son misses a visit or two will that get me into trouble with the courts or police?


Asked on 5/16/12, 3:01 pm

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

I strongly urge sending your child to a counselor to address these issues. If the therapist recommends suspending or changing the timeshare, you should go back to court with this information justifying a modification. You risk both father calling the police to enforce the existing order as well as father filing a contempt motion in the family law courts if you suspend visitation without court approval.

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Answered on 5/16/12, 3:11 pm


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