Tuesday, January 11, 2011

IS IT POSSIBLE IN CALIFORNIA TO KEEP MY WIFE FROM LEAVING THE STATE WITH MY CHILD?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him about Divorce and Family Law.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Is it possible in California to keep my wife from leaving with my son? My wife and I are getting a divorce in California, and we have a son together. She is threatening to leave the state with my son. Do I have to go to court to stop her?

ANSWER: It is possible that you could prevent your wife from moving your son out of the state. You should promptly retain a Family Law Attorney who is knowledgeable about the complex laws and cases relating to "move-aways" to file an Order to Show cause to prevent the move-away. The existing custody and visitation orders, "de facto" custody and visitation, the quality of your relationship with your son, as well as your proving "detriment" to your son from the move-away, are important factors that will need to presented to the Court for its consideration of your Order to Show Cause.

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