If I have sole custody of my son and his father has alternate weekends but he left town with no return date, would I be able to adjust the agreement in his absence?

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If I have sole custody of my son and his father has alternate weekends but he left town with no return date, would I be able to adjust the agreement in his absence?

His visitation includes 6 hours on Saturday and Sunday. Should I notify the court?

Asked on September 25, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your first step is to get your son back.  You do that by filing a motion to enforce, which can include a contempt action, if dad is refusing to return your child.  With this motion, some local agencies will also issue alerts to be looking for your son.  If you had a family law attorney, you may want to get them involved so that they can get something moving more quickly.

Once you do get the child back and the father is back before the court, you would have a basis for modifying the visitation order on the basis that he has previously absconded with the child.


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