Q: Can I call the police if my father tries to make me live with him, given custody arrangement?
I am 16 years old and my parents are divorced. My father has 5% physical custody but 50% legal custody regarding decisions like school and medical care. I haven't spent time with my father in about five years, and I am scared of him. My mother is threatening to make me live with him because I didn't follow through on a promise, but I don't want to. If he tries to take me to live with him, could I call the police even though he is my father?
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A:
Under California law, custody orders must be followed by both parents, but enforcement becomes complex when the child is 16 years old. If your father attempts to forcibly take you against the established 5% physical custody arrangement, you can contact law enforcement. However, police typically view custody disputes as civil matters and may be reluctant to intervene unless there is clear evidence of danger or a violation of a current court order.
Your preferences carry significant weight at age 16 in California family courts. Family Code Section 3042 requires judges to consider the wishes of children 14 and older in custody proceedings. You may benefit from contacting the family court that issued your parents' custody order or reaching out to organizations like California Court Appointed Special Advocates (CASA) who can help represent your interests.
Documentation is crucial in these situations. Keep detailed records of any threatening statements, conversations about custody changes, or instances where your father attempts to exceed his court-ordered custody time. Consider speaking with a school counselor or trusted adult who can help you navigate this difficult situation. Remember that while your mother's threats may be concerning, actual custody modifications require court approval and cannot be implemented unilaterally by either parent without proper legal procedures.
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