Q: I live in California for almost 3 years now. I lost primary physical custody of my children strictly because I moved out
State. Now my children live in an overcrowded hm with their dad n grandparents. The father doesn't work or provide and times they have no food. I want to get custody back. My son is 16 and has been having nightmares due to his living conditions and his father mental abuse. What can I do ? Also the fath er has denied me visitation this past summer after I paid for airline tickets
A:
A lot of different issues going on here. So long as the children reside in the same state that entered the most recent custody order, that state will have jurisdiction of the children. Therefore, if you are unable to speak to the father about resolving the case amicably (and either the child is unable to talk to the father or is unwilling) then you and/or the child would have to file for a modification for custody, in the circuit court where the order was entered into.
As for not complying with your scheduled visitation you can file for Contempt and request make up time as well as reimbursement for cost of the flight and attorney fees.
You should try to talk to the father before you do anything. If that is not successful, then before you file, you should speak to an attorney offline.
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