Legal Question in Family Law in California

I have a 13 year old. Her father is not allowing her to travel abroad with me this summer. She doesn't have a passport. I need to go urgently, have not bee back home to see my family in 11 years. She has not seen any of them either. What are the steps I can take to make him agree or make him comply with any order? We do not have any formal custody it is mutual agreement, more like do what he says type of thing since he was always calling the shots and I was afraid that he can use his money and power to take the child away as he said he will. He pays no child support I take care of everything but he demands to see her daily so drive her back and forth. How can i make this trip happen it is very important for me to travel and leaving her behind with him is not an option.

Thank you.


Asked on 1/23/11, 4:17 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

If your deadline is to travel this summer, you would need to file paperwork immediately asking that the court make an order that the father cooperate to get a passport for the child. You would benefit from having the court make orders on what the visitation and summer schedule would be like as well. There is a strong possibility that you may not be able to travel this summer if Father puts up a big fight. Of course the easiest thing to do is to make him agree and ask if he would allow you to travel for the summer.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 1/28/11, 1:23 pm


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