Q: I have full custody of my daughter. Mother fled to mexico with my daughter back in November.
Her mother fled to mexico with her and I currently have a child abduction case open. Mother opened a child support case before leaving and now child support wants money. I told them about situation, I can't allow mother to receive money and disappear with my daughter. Judge and child support lawyer are helping mother receive help knowing she has kidnapped my daughter. In California, is placing me on child support even legal knowing my daughter was kidnapped?
A:
Under California law, if you have full custody of your daughter and her mother fled with her to Mexico, it is crucial to inform the court and child support services about this situation. The child support order should reflect the current custodial arrangement and the best interests of the child. Since you have an ongoing child abduction case, this situation should be brought to the attention of the family court judge handling your custody case.
You should provide the court with all relevant documentation, including the child abduction case details and your full custody order. The court needs to be aware that enforcing a child support order in favor of the mother, who has fled with your daughter, contradicts the existing custody order and may not be in the best interest of the child.
Consider filing a motion to modify or terminate the child support order based on the change in circumstances. It is essential to ensure the court understands that supporting the mother financially, who has abducted your daughter, is inappropriate under the current circumstances. The court can take necessary action to address this and adjust the child support order accordingly.
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