If I’m a non-custodial parent and the custodial parent does not let me see my child, can I legally keep her with me until court?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m a non-custodial parent and the custodial parent does not let me see my child, can I legally keep her with me until court?

We only have child support nothing saying otherwise about visitation

Asked on December 17, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

If there is no court order related to child custody, then yes, you can withold the child until the hearing without violating a court order.  That said, Family Code 3040 states that the judge should consider who will allow "frequent and continuting contact" when making a custody order in the best interest of the child(ren).  So in this case--you are saying the other parent is "withholding" but you are going to turn around and do the same thing.  This may not play well with the judge. 

You should really consult with a local family law attorney and give them all the facts before you do anything to hurt your case.

Best of luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption