Legal Question in Family Law in California
Sanction
What does Sanction CCP 271 include? My child wants to live with me but the mother is the physical custodian... he is 16 years old and is refusing to go home to his mother and stepfathers house because of fear of stepfather
3 Answers from Attorneys
Re: Sanction
look up family code section 271.
file an OSC to modify the current custody visitation and support order. i wouldn't worry about sanctions unless something else is going on here.
Re: Sanction
Family Code Section 271 probably does not apply. That code section allows the court to award attorney's fees for any person who unreasonably delays or fails to cooperate in resolving family law litigation. It would not really apply to a party who did not agree to a custody change, although the strong probability is that the court will go along with the request of a 16 year old. File a motion to modify the custody order. Of course you have a better chance at winning if you have an attorney. Good Luck, Pat McCrary
Re: Sanction
You need to file an OSC to change custody. He is old enogh for the court to consider his wish. Contact me directly.
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