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I am asking for my son- he has a 15 year old daughter that…

I am asking for...

I am asking for my son- he has a 15 year old daughter that he has 50/50 custody and her mom wont let him see her. On her last 3 days of scheduled visitation she wont let him have her. the police came out and said she took her out of town what can he do? is that abduction?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Yes this is all court ordered

Lawyer's Assistant: Family law varies by state. What state are you in?

CA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I just don't know how how to help him

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Answered in 4 minutes by:
3/15/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that your son is experiencing these problems. All too often parents use children as pawns in the process.

That being said, there is a recognized process and even state generated forms (link here) that can be used to involve the Court and have the mother held accountable. The form is fairly straightforward and would be completed and filed in the County where the order was entered. It is always a good idea to consult with the Court Clerk as to any specific filing and service requirements.

While not required, I also encourage people in your son's situation to consider consulting with an attorney just to see if there may be other relief available, such as a change of custody for instance.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 4 months ago
Hello Sean and thank you so much! I will have him fill out these papers and file them. It is fine that call if it works better for you you my number is(###) ###-#### Last night when he went to pick her up the police came and said she took her out of town. But this morning her attorney was trying to serve him but her was not home. The police said something about a restraining order but there is not one could one come from her attorney?

An attorney could not on his own fill out an form and have a restraining order put in place. If a restraining order was done, it would have to have come from a Court based on an application, likely from the Mother. If there is a restraining order in place, it would be beneficial to know about that so that could be addressed. If there is a restraining order, or any other order that somehow impacts custody, then there may not be a violation.

That all having been said, if a restraining order was issued, your son has the ability and right to have a hearing to determine if the restraining order was property entered. It would not be the first time that someone did not provide accurate facts to a Court and had a restraining order issued.

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Customer reply replied 4 months ago
he has not been served yet I am just going off what the police said last night. He is supposed to pick her up from school today and have her this weekend until Monday. If there is a restraining order even though he has not been served should he just go on like normal and what if she says she wants to go with her mom

My main concern is that if there is a restraining order that prohibits the visitation that could cause issue. However, until the restraining order is served, he is not bound by the terms. It is always best to know what is in an order. If it was being served by the police, that probably means that it is valid. However, if there is no restraint on the visitation then he could proceed with the visitation.

Without knowing the contents of the restraining order it is difficult to say. What you would not want to have happen is for him to be served when his daughter is with him.

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Customer reply replied 4 months ago
Well he can't control that and why?

If he has not been served he is not bound by the terms of the restraining order.

He could contact the police and accept service to learn what is in the order, but he has no requirement to do their job for them.

If he has not been served he has no notice of the restraining order - and at this point without being served with it any idea to the contents would be nothing other than speculation.

So until he was to be served and could verify, the only order he has in place is the one setting custody and he can operate under it.

I always like to address all sides of a situation so folks can have all the information when making a decision.

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Customer reply replied 4 months ago
The mother is saying she doesn't want to go with him tonight and she said she doesn't have to is that correct or is she bound by the order to have her go
Customer reply replied 4 months ago
This all started because the mother asked for more child support and she was told she had to pay now she is upset.
Customer reply replied 4 months ago
Thank you Sean so much for your time I really appreciate it. I am so worried about a confrontation between the boyfriend and my son. Her boyfriend is super aggressive. That is what I don't want to happen in front of my granddaughter.

That is very telling. It would not be the first time that a child support issue was used to make a custodial/restraining order case. As well, children are not put in the position of deciding nor is it likely deference given as to if a child wants to go or not. The reason for this is that parents will often attempt to influence the child to make a decision.

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Here is the best thing. From everything you are telling me, I believe that the mother is attempting to manipulate the system in an effort to gain some advantage in a child support case. It also concerns me that she may be influencing the child.

I would have you son go see an attorney as soon as possible and fight fire with fire and protect his rights.

You are certainly welcome and 5 star review are always appreciated. You can also ask follow up questions after rating. Thanks again!

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 870
Experience: Family Law Attorney in Private Law Firm
Verified
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