California Civil Code section 49 prevents the abduction of a child from a parent entitled to custody. One of the purposes of this statute is to address abduction of minor children by one parent from the other. If the parent moves, even out of state, and promptly files a petition for custody in court, that will not be considered an abduction. The statute generally applies in a situation where the child is removed from judicial control making it impossible for a California court to make a custody order, but if a request for a custody order is imminent, then the statute does not apply. To invoke the statute, the abducting parent must deprive the other parent of the right to enjoy any privileges of parenthood by concealing the child.
The outcome would be different if a court had already established a custody order. If one parent moves with the minor child and frustrates visitation with the other parent, then the court may view this as a violation of its order. The moving parent can be found in contempt of court for violating a custody order.
California Civil Code Section 49 states, “The rights of personal relations forbid the abduction or enticement of a child from a parent, or from a guardian entitled to its custody.”
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as child abduction or any other dissolution issue such as child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm. Please note that this legal advice does not establish a family law attorney-client relationship.