Los Angeles, CA asked in Family Law and Child Custody for California

Q: Just got a temporary order father was arrested got out and now is threatening me to bring the cops to pick up the kids

We have joint custody the kids don't wanna go

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you have a temporary order in place and are facing threats or intimidation, it's essential to prioritize your safety and that of your children. Under California law, if the other parent is threatening to involve the police to enforce custody or visitation rights, it's important to understand that law enforcement typically requires a court order to intervene in such matters. If you have legal custody orders that specify the conditions under which the children are to be with each parent, ensure you have copies of these documents readily available to show to the police if necessary.

Given the situation, especially if the father was recently arrested and is now making threats, you may consider seeking a modification of the custody order or requesting a restraining order to protect yourself and your children. California courts can modify custody orders if there's evidence that the children's best interests are not being served by the current arrangement or if there is a concern for their safety.

It would be wise to document any threats or incidents of intimidation and consult with a legal professional as soon as possible. They can offer guidance on how to proceed, including how to file for a restraining order or modify the custody agreement to ensure the safety and well-being of your children. Remember, your immediate safety and the well-being of your children are paramount.

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