QUESTION: What are my child custody rights if my wife does not bring my kids back into the state? If I gave my wife permission to take our children over state lines to visit family - what happens if she doesn't bring them back? What are my rights?
MY RESPONSE: If your wife takes your children out of the state on false pretenses and fails to return them, you can file a Divorce and an Order to Show Cause for Child Custody to request that custody of the children be awarded to you.
If you prevail, you'll need to retain an attorney in the state and county where the children are, to file an action to enforce the California Order and have the Sheriff take possession of the children. You would need to go to and be in that state to receive the children from the Sheriff.
If you do nothing, and your wife has the children in another state for at least six months, that state would become the "home state" of your children, and your wife could file a Divorce in that state and request custody of the children in that Divorce, forcing you to litigate custody in that distant forum.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Los Angeles Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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