QUESTION
Can the custodial parent regain custody if the respondent has jeopardized the health and well-being of the minor?
Asked on Dec 19th, 2016 on Child Custody - California
More details to this question:
The respondent abducted the minor to prevent me from moving away with our child and since has been with the respondent. He has violated the Family Code section regarding the parents should maintain constant and frequent contact with the child. He had cut me completely out of our child's life over the last 10 months and I have since learned that he has abandoned our child prior to his visitation to see me. I believe that sending the child back to the respondent is detrimental to the minor. Can I regain custody of our son pending our future court hearing next month on the 23rd?
1 ANSWER
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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At any time during the child's minority physical custody can be changed from one parent to the other parent. Frustration of visitation, concealing the child, endangering the health and safety of the child are in fact three specific reasons for a change in custody. When you are dealing with children in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
Answered on Feb 16th, 2017 at 5:49 AM