Can the custodial parent regain custody if the respondent has jeopardized the health and well-being of the minor? 2 Answers as of February 16, 2017

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?

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
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!
Answer Applies to: California
Replied: 2/16/2017
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The only possible way that you might achieve your request would be to file an emergency request for order with the court asking for them to grant orders in advance of your hearing. More information is needed to determine if there would be a chance of success in this regard.
Answer Applies to: California
Replied: 2/16/2017
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