Friday, August 26, 2011

WILL I BE ABLE TO GET CUSTODY OF MY CHILDREN?

QUESTION: A year and half go my wife took off with the kids without my permission from Kentucky to California. I didn't want to drag my kids through court battles and I trusted her when she kept telling me she would come back after her mother got better. Now she has filed for divorce in the state she lives in and is threatening to take off with them again. Do I have a shot of getting my kids back?
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MY RESPONSE:

You have a shot, but it is going to be difficult and expensive.

By not seeking custody/visitation rights for a year and a half, you allowed a “status quo” to occur where the children have become accustomed to living with your wife, and a Judge may be reluctant to significantly change the status quo.

However, a Judge may consider the circumstances of your wife’s deceit in making a custody order.

California became the childrens’ “home state” pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act [UCCJEA] after the children lived in California for six months.

You will need to retain an experienced Family Law Attorney in California (in the county in which the divorce case is filed) to represent you, long-distance, and you will likely need to appear in the California court for trial, and likely at other hearings as well.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer 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 Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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