Legal Question in Family Law in California

My sister and her husband have been separated for over 24 months. If the children live with my sister does her husband have the legal right to take d children by force from my sisters home anytime he feels like it?


Asked on 12/27/10, 4:53 am

1 Answer from Attorneys

If they have foolishly not either executed a parenting plan, or obtained custody and support orders, then as long as the "force" would not be illegal by itself, then yes. Both parents have equal rights to custody of the children until an agreement or court order says otherwise. Just because the children live primarily with your sister, does not turn into sole custody and control unless she can get a court to say so.

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Answered on 1/01/11, 10:23 am


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