Chico, CA asked in Family Law and Child Custody for California

Q: Can one parent take and keep kids from the other parent b/c they think it right; not for a legit reason?

My ex husband and I have 50/50 custody with our 2 daughters. Recently we were forced to move from our home when the owner refused to fix damages. We are now in a motel & struggling to find housing. My ex decided that staying with me was too stressful on them, picked them up from school without telling me on my day. Refused my calls for over an hour & when he did told me he wasn't bringing them to me and we would talk next week about them staying with me. He kept them at his girlfriends all weekend, knowing I don't know where she lives, and denied my many request to talk to them. Later that week he tried to tell me that he was going to continue to keep them & I could see them during the day only on the weekends. Does he have the right to do this? Can he be charged with kidnapping? What recourse do I have?

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1 Lawyer Answer
Angelina Bradley
Angelina Bradley
Answered
  • Monterey Park, CA
  • Licensed in California

A: Your recourse is to go to court and ask for your 50/50 custody order to be enforced. I’d recommend retaining an attorney to help you, or at the very least a attorney divorce coach — the facts you describe could cut for or against you... and I would hate to see you in a worse place than you are now.

Good luck.

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