Clovis, CA asked in Family Law for California

Q: If a biological father withholds his daughter from her mother after suspected child abuse , is that abduction?

Related Topics:
1 Lawyer Answer
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
Answered
  • Santa Monica, CA
  • Licensed in California

A: If he is on the birth certificate, he would be presumed to have legal custody as well as the mother, and it would be Joint Legal and Joint Physical Custody - which means he has just as much right to the child as the mother.

Unless Father's action are in violation of a court order it would not be abduction, IN FACT, if ABUSE is going on, and he does nothing, he could be prosecuted for negligence by Child Protective Services.

We see the opposite of this all the time, MOTHER withholds child from FATHER, claiming that she suspects abuse, usually falsely.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.