Legal Question in Family Law in California

CA temp order VS TN permanent order

My son's fiancee and him have 2 children - in May 05 she filed for restraining order and was granted 2 yr temp custody from CA - my son was never informed of the court day & therefore did not appear. Since Aug 05 they resumed their relationship and moved to TN in Oct 05 where they resided together w/ chidren until Sept 06 when she became homesick - fled w/kids back to CA and has stated that she's enforcing her right under temp orders granted and refusng contact. TN law says she's a resident here-and we have filed for a permanent custody agreement and her attny in CA advised her to not come here and stall until she's back in CA 6 mos and refile for permanent custody there- My son's court date is Nov 17- does a temp order hold when you are seeking a permanent order? Since she broke the temp orders- does she now have right to reinforce? By the way-my son was the primary care giver to kids and she is detatched which is why this is the 3rd time she's up and left to try to make the kids love her. Please advise we're lost and fear the kids are just a pawn to her that will cause great harm. Ages are 3 and 1 and yes he has established paternity.


Asked on 10/01/06, 3:28 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: CA temp order VS TN permanent order

He should consult with an attorney in Calfornia. TN would probably be the home state. Probably the best course of action is to obtain the TN custody order and then see if the state will come after her for taking the children. If there is no statutory provision for the state to pursue her, then he should register the TN order in California and request that it be enforced. He should also look into the possibility of having the domestic violence restraining order set aside for lack of proper service.

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Answered on 10/16/06, 11:59 am


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