Legal Question in Family Law in California
I have legal/sole custody
I have legal and sole custody of my 4 children--we sold our home and I relocated about an hour away,bringing my 3 younger children with me but leaving my oldest(15 yrs old) with my ex--so she could finish the existing 2 weeks of school before spring break(Where we lived the High Schools had a different agenda than the Middle Schools and Elem. Schools,the younger ones were as they call it ''off track'') My ex got an apartment in the same ''old''.My ex now says she wants to live with him but he wont let me talk to her and when I do (I have once in the past week) start to talk to her he grabs the phone and hangs it up. He is not sutiable to take care of her #1 because he wont and #2 he's an acholic and is never home anyway--if anything she may be having a good time ''on her own'' and since she is the oldest she may be liking the solitude of being an only child or she may be behaving like an out of control teenager and having friends and who-ever eles over while my ex is at work.Shes had some emotional problem lately and we have been down there on 6 different occations trying to locate her--but he wont tell me where they are--can I charge him with kidnapping?
3 Answers from Attorneys
Re: I have legal/sole custody
Probably you cannot charge him with kidnapping. The mistake that you made leaving her with him is not one that is easily corrected, but you have little option but to try. Your child's future depends on you trying. You will need to file a motion to change the current custody order. You have a tough case and I strongly recommend a good, experienced family law attorney. Good Luck, Pat McCrary
Reply: I have legal/sole custody
In a general sense, you need to get this into family law court and get some parenting orders. It would not be kidnapping unless it is in violation of an underlying Court Order.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: I have legal/sole custody
Based upon the information provided, it is highly unlikely that your ex would be charged and/or covicted of kidnapping.
If you have court orders awarding sole physical custody to you then you need to go to your ex and demand that he produce the child. If he does not, then go to the police and have them accompany you to the home. If he doesn't cooperate, then you need to go to court.
If you do not have specific court orders then you need to go to court ASAP. The longer this situation endures the more likely you will establish a "Status Quo" making it harder for you to get custody.
However, if you knew that your ex is an alcoholic who doesn't stay home, why did you leave a minor child with him? Wasn't it most irresponsible of you to do that?!
In any event, you need to act quickly.
Regards, Damian Nolan.
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