Nothing is more terrifying then when a parent feels their child has been taken. While the idea of “parental abduction” may conjure images of a parent disappearing with the child, there are far more subtle instances in which a Court will become involved. Depending on the circumstances a parent may be considered to be unlawfully holding the child if they are refusing to return the child in accordance with a child custody order. If you find yourself in a situation where your rights under a custody order are not being honored then you need legal representation. Our Orange County parental abduction attorneys handle such matters in Anaheim, Santa Ana, and elsewhere. Contact our office to speak with a lawyer.
Lawyers gaining the return of children in Coto de Caza, Santa Ana, and the rest of Orange County
Parents are required to abide by the visitation schedules laid out in their child custody order. If a parent is refusing to return the child, and has no intention of doing so, then it is possible to gain a Court order directing law enforcement to assist you in retrieving the child. This order will often be granted on an expedited basis. Depending on the circumstances the Court may require the offending parent to appear and show cause as to why they should not be held in Contempt of Court. The circumstances may also justify a change of child custody.
If one’s child is not being returned then the first step is to file an emergency Request for Order with the Court. The Judge will often quickly sign a “pickup order” Once the parent is in possession of this order then law enforcement will assist then in retrieving the child and the child’s belongings. It is also common for the Judge to schedule a hearing requiring the offending parent to explain why they did not follow the existing order. If the Judge is not satisfied with the explanation then the offending parent risks being held in contempt and may serve jail time. Getting your child back, and ensuring that such issues do not re-arise, is of the highest priority. It is strongly suggested that you retain an attorney to assist you with the process.
Our Orange County family law attorneys aggressively protect parents whose children are being withheld from them. We will immediately file your Motion with the Court and will request an expedited hearing. Our firm will argue for the return of the child and argue that the other attorney should have their visitation restricted in order to ensure that future incidents do not occur. We understand the gravity of your situation and we will give it our utmost attention. Contact us today to speak with a lawyer. Our attorneys service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster, and Yorba Linda.
Attorneys helping Orange County residents change child custody after a parent has refused to return the child
Parenting is a life long commitment. As a mother or a father it is your job to ensure that your child is kept safe. If you have had to obtain a pickup order in order to free your child of a dangerous situation then it is important that you ensure such a situation does not arise again. The Court will modify your existing custody arrangement if there has been a change of circumstances and the modification is in the child’s best interest. Courts will often view one’s refusal to follow a visitation Order as a changed circumstance. Depending on the facts of the case you may also be able to show that a change is in the child’s best interest. Contact us today.