Can I take my kids from my ex if he is not taking care of them properly? 5 Answers as of September 14, 2011
If both me and my ex have joint legal custody and shared physical custody with him designated as the primary care taker can I bring my kids to live with me without taking him to court due to the fact that he's not taking care of them properly? They are not in school everyday like they should be. Do I have to take him to court?Free Case Evaluation by a Local Lawyer!
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Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You would best file an Order to Show Cause to modify child custody to allow you to be the children's primary custodian. You would best retain an experienced Family Law Attorney to represent you, because you would need to provide admissible evidence to the Court regarding the children's school attendance. I don't know what you mean when you say that he isn't taking care of the children properly. Whereas your intentions are good, if you take the children at times designated to your ex, you could be committing a contempt of court, for which you could get in trouble.
Answer Applies to: California
Replied: 9/14/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You may not take the children from your ex husband without getting a court order. If you do take custody of the children without an order, he may file a contempt action against you and you may actually loose custody. You should document your concerns and get notes from the school and file an Order to Show Cause for Custody.
Answer Applies to: California
Replied: 9/14/2011
Law Office of L. Paul Zahn | Paul Zahn
You need to file a motion with the court to modify the timeshare. It can be on an emergency basis.
Answer Applies to: California
Replied: 9/14/2011
Diefer Law Group, P.C. | Abel Fernandez
You have to get court orders. You cannot just take the children. If they are in serious danger you could get an emergency court order regarding the change of custody.
Answer Applies to: California
Replied: 9/13/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
You must file a change of custody order to be sure you have court approval of your actions. Even if father agreed to this new custody arrangement, you need an order to replace the old one.
Answer Applies to: California
Replied: 9/13/2011
