Legal Question in Family Law in California

Withholding a child

Father has primary custody of 12-year old. Mother gets everyother weekend. Court order states mother is not allowed to leave child for more than 8-hours per day. Mother leaves child on both Fri & Sat nights to work when she has child but claims she doesn't leave him for longer than 8 hours. Leaves him at 8 pm and doesn't get home until 4 or 4:30 am and then sleeps until 12 noon or 1 pm. Doesn't allow child to come home while she works even though child wants too. Mother is continuously 10 to 20 day's late on child support + numerous other court violations. Judge, child's attorney, no one does anything about this. I want to hold the child from his mothers visit on just one occasion in an effort to show her she better stop doing this. What reprocussions could I face? Child has lived with me for 3 years now. Judge sees it's obvious he does better with me than he did with her and agreed he should remain with me. I don't want to risk that yet at the same time I want mother to see she needs to quit violating the court agreement. What can I do?


Asked on 9/07/05, 1:52 pm

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Withholding a child

Witholding the child can bring the same legal repercussions that violating the order may bring. An OSC re: Contempt. Take the legal option. Call me directly at (619) 222-3504.

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Answered on 9/07/05, 5:04 pm


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