Legal Question in Family Law in California
mother or father who has the athority
my son stayed the night at dads the next day dad didnt want to give him back to me either one of us has custody papers to show police my son wants to go with me (he is 5yrs) the police make him stay with dad . is this right?
3 Answers from Attorneys
Re: mother or father who has the athority
the police wont get involved unless there is a current court order that a parent is violating.
Re: mother or father who has the athority
The police maintained the status as it existed at the time they were called. You need to act immediately. The court tends to maintain the status quo. The court does not like to change custody if the child is doing okay with one of the parents. If you delay and the child is with father very long it will reduce your chances of obtaining custody of your child.
Re: mother or father who has the athority
You need to get an order regarding custody of the child. You may be able to get an ex-parte order. Take any documents that your have, including day care receipts, school records, church records, medical bills, etc. that may show that your child has been living with you to an attorney. Good Luck, Pat McCrary
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