Legal Question in Family Law in California
Scenario: In the state of CA, I have full/sole custody of my child and my child goes out of state for the summer to visit his dad, and now dad doesnt want to return child (age 11), can I do anything about it? (ie: call local police, contact courts) I dont know who to contact to help me get my son back. Isnt this considered as kidnapping?
1 Answer from Attorneys
If you have a court order for custody and visitation, or share time, get a certified copy of the order. Take the certified court order to the police department in the city in which dad lives. Ask for their assistance in obtaining the return of your child. The other option would be to take the certified court order the the district attorney's office in your county and request their assistance in obtaining the return of your son. They will contact hims and request that he return your son. If he does not cooperate they can obtain a warrant for his arrest. The charge would be a felony child stealing. The fact that you child was in another state when father refused to return your son to you, may require the application of the law of the other state. The California custody and visitation order should be controlling in this matter. Act quickly as any delay will be used to your disadvantage.