Legal Question in Family Law in California

hi, my name is Ana i have a question, i am married my situation is not good with husband and im planing to moved to florida with my daughters. i have a child with this man and im planning to live without telling him because he already told me his not going to let me take my kid with me his about to be three years in august. his husband is very aggressive and irresponsible and for fact i know his cheating on me. i don't love him no more.. please please give me an advise of what is better for me to do. i don't want him to accuse me of kidnapping our kid if i don't tell him because i know his capable of making something against me. i just want to live with peace. thank you for your time


Asked on 6/06/10, 9:38 pm

1 Answer from Attorneys

Although you legally can take the child out of California without his permission, California will still have jurisdiction over the child for six months. So if he files for custody in California anytime within six months after you leave, he can make you bring the child back for the court. Not only that, it will look very bad for you if you take the child out of the state in secret. It is not kidnapping, but the courts want children to have good relationships with both parents whenever possible, even if the parents can't have a good relationship. So if one parent does things to take the child from the other parent the courts do not like that at all. If the other parent is a bad parent who should not be around the child, you must get the court to make that decision. So what you need to do is file for divorce and file for sole custody and get the court to order that he is a bad parent and you can move to Floridia. You need to hire a local family law specialist for this kind of fight.

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Answered on 6/08/10, 1:37 pm


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