What happens if your co-parent does not exchange custody of your child in a timely manner here in San Diego? If you are in the process of a contentious divorce the Court is paying close attention to the behavior of each parent. These actions will have an impact on long-term child custody and parenting time orders.
Once temporary or permanent child custody and parenting time orders have been issued by the Court each parent has a legal obligation to abide by the orders of the Court. The failure to respect these orders and conduct parenting and exchange of the child accordingly is a serious matter under the California Family Law Code. If this is a one-time occurrence it is likely going to be overlooked. However, if there is a repeated pattern of failure to abide by child custody and parenting time orders or an attempt to poison the relationship between you and your child (known as parental alienation) the Court can and will step in.
If your co-parent does not exchange custody of your child in a timely manner it is important to document the occurrences in any way possible. If there is a change in either of the co-parent’s circumstances it may be necessary to negotiate a change in existing child custody and parenting time orders or to seek a resolution in mediation. If an agreement can be reached the new agreement (and supporting documentation) must be presented to the Court for review and approval.
Another issue in these cases is the specific stated wishes of the child. The older the child becomes, the more weight their decisions and requests may carry in Court. The age of 14 is presumed to carry a level of maturity and judgment required to assert wishes regarding where they wish to live. Failure to return a child due to the child’s own sincere and well-founded objections does not necessarily constitute a violation of California Family Law.
If you are concerned because your co-parent does not exchange custody of your child in a timely manner you need the proven advice and counsel of the Certified Family Law Specialists at Burke & Domercq. Each case is unique and the facts of the case, the age of the child and the behavior of the parents may all have an impact on the outcome in your case.
We invite you to review the strong recommendations of former clients and the legal industry and contact the Certified Family Law Specialists at Burke & Domercq or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.