Legal Question in Family Law in California
My son who is 15 is supposed to be with me this year for Thanksgiving, and yesterday his mother told me he is not going to be with me because she is taking him out of state. I have joint legal custody and told her no he is not going to go due to the fact its my year to have him for the holidays. Can she leave the state with out my say so? And if she does what do I need to do?
3 Answers from Attorneys
If you have a court order clearly delineating that you have the child for this holiday period, give a copy of that order to the police and seek their assistance on enforcement of the visitation. If the order us unclear, you need to file a motion to request help from the court on facilitating this visitation or, if you are unable to get help before the holiday is over, return to court seeking additional visitation time to recapture the lost visitation period.
You should also mention to her that pulling a stunt like that is contempt of court and is often punished by fines or in the case of repeated offenses even a weekend or two in an orange jump suit by the side of the freeway, if you get my drift.