Legal Question in Family Law in California
Parental Abduction
Mother has full physical and legal custody of teenager since child's infancy; criminally dangerous Father moved out of state and been absent/abandoned child since 2 years old. Retraining orders have been in place intermittenly as needed. Mother had moved (within a 30 mile area), yet remained publically accessible during that time (ie: not in hiding, phone number listed, etc). Can Father now claim Mother abducted child? What California Laws and previous case law would help Mom in this situation?
2 Answers from Attorneys
Re: Parental Abduction
Dear Inquirer:
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If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Father can "claim" anything he wants. Proving it is another thing. If you concern is about child support, it remains due and payable until modified, even if the child is withheld from the payor.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply: Parental Abduction
A parent who has been awarded "legal and physical" custody of a child can not be considdered an abductor. The legal issue may be whether that parent has violated any court orders regarding the other parent's visitation rights, if any.
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net