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I have primary custody of my 16 year old son but he's been living with his dad for the last 7 months in another state.
Anonymous3 views2 answers
I have primary custody of my 16 year old son. We moved to another state a year ago due to my husband's job. After 5 months son was very unhappy so I let him go live with his dad. He has been getting in fights and shares a cramped bedroom with his 20 year old brother, who regularly watches porn in the room and on his computer. Stepmom called me yesterday, she is leaving my ex due to his excessive drinking,viewing of pornography & because he told her he is not interested in the two children they have togher, the youngest being 3 months. She told me to get my son out of there, there is no supervision, a lot of drinking and pornography and no supervision. My son has begun having sexual relations with a girl down the street from his dad's house? can I go and take him with me to California?
See my Legal Guide on interstate child custody issues. It seems clear that you have the right to go get your son, but there are a lot of potential practical problems. If you are confident that your son and his dad will comply with the existing custody order, no problem. But it sounds like they won't, so you will need to enforce your order by having a local law enforcement officer come with you to the dad's home. You will need at the very least to call the local police and ask what they will need in order to assist you. Some police will enforce a copy of the CA custody order, some require a certified copy, and some will assist only if you produce a Writ of Habeas Corpus. A good family law attorney will help you figure out the best plan, smooth the way with the police, and help you overcome any bumps along the way. For your son's sake, it's worth the effort. Good luck!
DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature, may not apply to the factual circumstances described in your question, and may be different in the State where the facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney.
Rebekah Ryan MainDivorce / Separation LawyerRancho Cucamonga, CA ·
Your question isn’t clear, but it seems like you have a California order and a son in California? If so, the local police should help you to regain custody of your child pursuant to the California order. Attorney Clement’s answer covers all the other bases.
Best of luck to you.
This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.
