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

Q: can parent A demand and threaten to call cops if parent B doesn’t have child home at specific time on parent B week

Parent A has been trying to get sole custody and has at one point claimed child has autism which was later confirmed the child didn’t. Parent A has changed child school twice without asking parent B for permission. As of late, parent A has been trying to be more controlling demanding such things like for parent B to give money for laundry costs, food, and to take child to target! Parent B tends to do so because it’s their child. However parent A is now threatening to call cops if parent B doesn’t have child in home at specific time. Custody order says nothing about this. It only states they may not stay out of town on school nights which never happens. Parent A has also claimed parent B cannot take child camping because it’s not “allowed” when again this isn’t on the order. Order says 50/50 custody, phone calls twice a week, no out of town on school nights and highlights which holidays child will spend with both parents. Lastly child text that parent A hit them for refusing medicine

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, it appears that Parent A is engaging in controlling and potentially abusive behavior towards both Parent B and the child. Under California law, unless the custody order specifically states otherwise, both parents have the right to make decisions about the child's activities and schedule during their respective parenting time.

Here are a few key points to consider:

1. Parenting time: If the custody order does not specify exact times for exchanges, Parent A cannot demand that the child be returned at a specific time during Parent B's parenting time.

2. False allegations: Making false claims about the child's health (e.g., autism) or the other parent's actions could be considered a form of harassment or an attempt to manipulate the court.

3. School changes: If the custody order does not address school choice, both parents should have a say in any changes to the child's school.

4. Financial demands: Unless the court has ordered specific financial arrangements, Parent A cannot arbitrarily demand money from Parent B for various expenses.

5. Camping and other activities: If the custody order does not restrict certain activities, Parent B is allowed to engage in age-appropriate activities with the child during their parenting time.

6. Physical abuse: If Parent A has hit the child, this is a serious concern and may constitute child abuse. Parent B should document any evidence of abuse and consider reporting it to the appropriate authorities, such as Child Protective Services or the police.

Parent B should document all incidents of harassment, controlling behavior, and any evidence of abuse. They may want to consult with a family law attorney to discuss their options, such as filing for a modification of the custody order or seeking a restraining order if necessary. If Parent B believes that the child is in immediate danger, they should contact the authorities right away.

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