Legal Question in Family Law in California
have order from '07 that specifies custod(phys/legal),custodial times,holiday schedule,does/donts,ect...on 8-'10, physical cust. was changed due to lies & false allegations never proven by mother & belived by bias medtiator.Order from '10 states sole physical cust to mother all other orders remain in full effect.When i picked my daughter up on 6-27-'11 as holiday schedule states w/father 1st 1/2 of summer break, had police force by threat of arrest to appeear at police station in San Bernardino then tell me the previously ordered holiday schedule is no longer in tact due to order stating change of sole phys. cust awarded to mother and removed child from my custody w/no document stating any order other than phys. cust had changed!I explained I had checked w/ S.B.C.C beforehand making sure i was correct & what is stated on papers & they are making decisions about a family law court order they know nothing about or how it reads and was told to leave and child stays w/ mother or be arrested!.. wher do I go from here, and am I correct in what I was explained by option house i S.B.C.C?.. any feedback, advise or instruction would be greatly appriciated!...thank you...Chris Moorman ([email protected])
1 Answer from Attorneys
You would need to have an attorney read the actual orders to let you know whether you need to go back to Court to have the orders clarified if this really is a case where the police don't understand. It could be that the orders were written horribly, or that you don't understand what was ordered. Sole physical custody often means there is no visitation, but usually a parent can at least get supervised visitation. Did they order you to therapy for a certain period and then you could earn more visitation? I don't even know what the allegations were. There are just too many questions I have for you before I could give you a straight answer.
This is an example of why I tell people that for custody and visitation, you almost always need an attorney, because trying to go in and fix the situation after the fact can actually be more expensive. I cannot tell what existed and what was changed from what you have posted. You can contact me by email if you have further questions.
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