Full question:
I have primary custody of our 2 boys, ages 10 and 11. Their father was granted 1 weekend monthly and summers. He has since moved out of the area. Now, he has resided in Thailand for months. He hasn't seen the boys since August 08. He habitually hasn't shown up for his allotted visits over the years. He says he is taking them this summer. I am afraid for him to take them. He is asking for their passports and I do not want them to leave the country. In the past, he was addicted to drugs and probably still is. He doesn't work; has always claimed one medical disability or the other and is now on Social Security. Do I have any legal recourse to prevent him from taking them to Thailand this summer? Would it be possible to cite his inconsistency in taking them as granted? He has always favored the older and is not good at all to the younger, who doesn't even want to go with him. The older will say he wants to go, because his father plays on his sympathy. He has claimed back problems, heart, etc. Pays minimum support and not as agreed.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: California
Answer:
If a parent denies court-ordered visitation, you can file a petition in court for contempt. In some cases, criminal charges for interference with custody may apply. You can also petition for a change of custody if you can prove a significant change in circumstances. The court will consider the child's best interests based on all relevant facts.
A show cause order is a court order requiring a person to appear and explain why the requested remedies should not be enforced. If the other parent fails to respond, a contempt order may be issued automatically. The responding party can present defenses, such as inaccuracies in the claims or procedural errors.
For a finding of civil contempt, five elements must be established: 1) the court has jurisdiction; 2) there is a valid support order; 3) the noncustodial parent knows about the order; 4) the noncustodial parent can comply; and 5) there is willful noncompliance.
You can request a modification of support if there has been a significant change in circumstances, such as changes in the noncustodial parent's income or custody arrangements.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
