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

Q: What can i do legally about my husband not returning our children to me after a visit?

I am recognized as my kids custodial parent through child support. They have resided with me their whole life even after their father abandoned us for another family he had hidden from us. The past 3 summers we agreed he would take them from june til august and bring them back before school started in august. Well he never brought them back. He moved them 8hrs up north without my permission where they have no family other then their father, as where when they lived with me they have their grandparents, aunts, uncles and cousins. We wrote out a parrnting plan stating he gives me 100% for both physical and joint custody. I have little contact with them as he rarely has them call, hardly answers when i call them and i dont have the means or transportation to visit them as ive been unemployed and am recently starting to get unemployment until i can find another job. What can I do to get them home with their family where they belong?

Related Topics:
2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: The time line here is not at all clear. He never brought them back since when? Do you mean that he did not return them after last summer's visit? i.e. you have not had custody of your children since August 2019? It also sounds like although you and the other parent may have some kind of agreement about custody, you do not have any enforceable COURT ORDERS. What you can do is file a Petition for Custody or Parentage with a concurrent Request for Order for temporary orders pending trial. The problem I see here however is that you took no legal action in the last 10 months your children have lived with the other parent. I'm going to assume they went to school where they live now with the other parent? You need and attorney.

Chris M. Bradford
Chris M. Bradford
Answered
  • Divorce Lawyer
  • Santa Monica, CA
  • Licensed in California

A: The short answer is: You file a "Contempt of Court." The forms for this are at:

https://www.courts.ca.gov/documents/fl410.pdf

also:

https://www.courts.ca.gov/documents/fl412.pdf

There are more forms that go with this.

There is more to it than just filling out the forms. You need to get a copy of the court order that gave custody and visitation orders. You need to get a consultation with a family law attorney to make sure that there is a clear violation.

Some family law attorneys give a first consultation free. Some charge $50. Some charge $100. Call them up and ask the receptionist before you go in what the charge for a consultation is. Get a copy of the court order that was violated first before you make your appointment. You can go back to the courthouse where the order was made and get a copy. It should cost you 50 cents per page. Also fill out the forms above BEFORE you go in and ask for advice. Don't worry if you do them wrong before someone looks at them.

Also there are family law paralegals who can help people fill out forms. They cannot give legal advice, but they can fill out forms and they are cheaper than attorneys. Make sure they have lots of experience in family law.

You also can try the "Self-Help Center" at your local courthouse house for family law. The Self-Help Center is free. They may or may not be able to help you with contempt forms. You have to ask them.

After the forms are filed in your home court where the orders were made, you need to get the papers served. Someone needs to hand-deliver a copy of the forms to your ex. These people are called "process servers." There are process servers all across the country. Start by Googling "Process servers in ____ town and state." Then call them up and ask their price. If the person is found in the county where the order was made, you can ask the county sheriff's office CIVIL division to serve the papers free of charge.

You need to get moving on this. The longer he keeps the kids, the more entrenched they become n their new city. It is not too late. Don't let him get away with this!

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.