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CA child custody law, father seeking temporary custody of daughter under CA family court

this is in the state of California..
the father went to court to get temporary custody of his daughter until he has to go to court in September. the mother refuses to hand over the child. does she have the right to do that? what can the father do at this point?

Additional information
the judge gave the father temporary custody of his daughter because the mother refuses to let the father see his daughter or have anything to do with his daughter. the mother refuses to take the daughter to go get her shots. which the daughter needs those shots. the daughter is behind her shots (immunization shots) and now it is that time again to go get those shots. they are still legally married. the mother has anger issues and has threatened to kill the father's whole entire family. there is proof that she has threatened the family in her own writing.. the father has documented everything down.
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Attorney answers (3)

Reputation Level 10
If the father has a signed Order by the Judge, he can call the police and they will enforce it.
1 person marked this answer as good

Reputation Level 13
From your question, it seems like the judge already made temporary custody orders pending the hearing. If that is the case, dad should call the police if mom refuses to follow the order. If there is currently no order, then the mother's behavior in alienating the father and the child will look very very bad. If this is the case, try an ex-parte show cause hearing. Call for an appointment with our office or another attorney for help in getting this done.

David C. Beyersdorf
LEE & BEYERSDORF, LLP
2110 North Winery Avenue, Suite #101
Fresno, CA 93703
(559) 252-7000
1 person marked this answer as good

Avvo Pro

Reputation Level 14
Your question is a little unclear. When father "went to court to get temporary custody of his daughter," what happened? Did he actually get that custody, or did the court deny his request and set the matter down for a hearing in September? If he actually got a custody order, he can take that to the police and they will (should, at least) enforce it. If he has to wait unti lthe hearing in September, he will have to wait and see what happens then. It is likely best if father consults an experienced family law attorney who can advise him based on a thorough review of all the facts.

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