And you can be guilty of child abduction (custody deprivation), even if the child has not resisted or has something challenged – or even wanted to go with you.10 If you think that the other parent of your child is violating the child`s custody agreement, Contact our Los Angeles Family Law Lawyers today at the Land Legal Group by calling (310) 552-3500 to agree on a free consultation. In any legal situation involving a child, the best interests of the child will always be the top priority of a California court. What a parent must show in court is exactly how the other parent`s custody violations harm the child and how you tried to resolve the situation calmly and reasonably. Always show the court that you are putting your child`s interests first. A „legal administrator” is a person, guardian or institution that has the right to custody of the child. 15 Example: Natalie and her ex-husband Jorge have a custody contract whereby their only child, a son named Paul, spends a Christmas alternating with each of them. (In other words, he spends Christmas with Natalie one year, Jorge the following year, Natalie the following year, etc.) However, you are only guilty if the authority did have physical custody of the child.17 California crimes closely related to PC 278.5 include the withdrawal of custody of the children: Paul goes to college at 17, but he will be 18 this fall. According to the custody contract, this year Jorge would have been to have Paul with him for Christmas. The family lawyers of Gardner-Lewis, LLP are happy to help clients resolve divorce, custody or custody violations. If you would like to know how we can help you and your family, call (510) 451-4822 to arrange consultations as quickly as possible. In cases where a parent violates legal or physical custody or otherwise follows the court-ordered education plan, the victim may sue in disdain. It is recommended to document the intentional violation of the other parent before continuing by SMS, email or any other form.
When a parent is given the opportunity to correct his or her fault before acting with contempt, the likelihood that the parent will be kept in contempt sometimes becomes more likely. This is because simulating a lack of knowledge or any other lack of knowledge of the court order can be a difficult sale to the judge if that parent was put on a secondary communication of the decision and told him that he was violating it. What happens if you are the non-depot parent and the custodial parent does not make the child available routinely for scheduled court visits? In such cases, the court may decide to revise the conservatory custody in its entirety. However, judges will always try to avoid any appearance of punishment of a child by reducing the amount of time the child can spend with both parents. Natalie cannot be charged with deprivation of custody, since Paul is 18 if this happens. You may be charged with custody if the „legitimate administrator” to whom you are der withdrawing your rights is a state or non-profit organization (such as the California Department of Children and Family Services) and not a parent or other person.16 The reasons are obvious.