QUESTION: My wife and split up in April. On Sept. 2 she dropped our son off with me said she couldn't take care off him anymore. Since then she has moved out of county/state and only seen him 2 times and called 5. About 2 hours ago she calls and says she is in town and wants him for his winter break. I fear she will take and run. Can I stop this as she is coming to get him in the morning she said?
MY RESPONSE: You should immediately file a divorce case (an action for dissolution of marriage), and when your wife shows up, have somebody other than you over the age of 18 years serve her with a copy of the filed papers (including the Summons, Petition, and Declaration under UCCJEA). The reverse side of the Summons contains restraining orders against either party taking the minor child out of the state of California, and will be effective and binding on your wife only after your divorce papers have been served on your wife. You don't have to give your son to your wife if you fear that she'll take them out of the state, but your wife will have the opportunity to seek custody and/or visitation orders from the court.
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