Legal Question in Family Law in California

For california law: If a divorce case was Dismissed-Lack of Prosecution. Does this mean I am still married? Also my husband left me 10 years ago and took our children and hid I just found that he had passed away and another woman has my children can I go and bring them home or do I need to go to court to get my kids back?


Asked on 12/24/13, 1:23 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You were married until your husband died. His death terminated your marriage.

With respect to your children, you had better get appointed guardian of your children if you want to see them. The fact that you waited ten (10) years makes me suspicious of your story.

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Answered on 12/24/13, 2:16 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

The courts evaluate custodial placement from a child centered and best interests standpoint. If these children have been with their step mother for over a decade, the courts may determine that its in the children's best interests that they remain in that family environment.

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Answered on 12/24/13, 9:48 pm


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