Dallas, TX asked in Family Law, Child Custody and Juvenile Law for California

Q: What do I do when my 14 year old won’t get on the plane to go back to his father? California case.

Today he found out that, even though his father promised him, he could live here and go to school and will not be with his sister anymore. His father sought to take him back and the judge ruled in his favor on case las (burgess , California “detriment”) As soon as he found out, he destroyed the hotel room and beat up his father resulting in police contact.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, when a child refuses to return to a parent as ordered by the court, it's essential to address the situation calmly and legally. Since the court has ruled in favor of the father, you are legally obligated to comply with the court's decision. If your son is refusing to get on the plane, document the situation and communicate with your attorney immediately to seek guidance on the next steps.

Given the recent violent incident involving your son, it is important to consider his emotional and psychological well-being. Reach out to a mental health professional for an urgent assessment. This can help provide insight into his behavior and may also inform any future legal actions or modifications to custody arrangements.

In the meantime, work closely with your attorney to explore any possible legal avenues to address the current situation. This may include requesting an emergency hearing or modification of the existing order, especially if there are new developments that impact your son's welfare. Always prioritize his safety and well-being while ensuring you are following legal protocols.

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