Legal Question in Family Law in California

Child custody

My brother has a daughter and her mother has full custody, she wants to move out of state and she only told my brother on friday and she wants to leave on monday. His daughter does not want to go she is 13. Is there any thing he can do or can she just leave.


Asked on 8/04/07, 5:12 pm

2 Answers from Attorneys

Brian McGinity McGinity Law Office

Re: Child custody

There is plenty your brother can do, however since she is leaving on Monday he is pressed for time and I am not sure of all the facts involved. You said she has full custody...does he have visitation time? and what is the arrangement? There are a lot of questions which need to be answered. He will either need to hire an attorney or immediately on Monday morning go to the local family law facilitation office generally at the court house and ask to file a ex parte TRO preventing her from taking the child out of state. However he must also realize the court will look at many factors before preventing her from moving and that is why he needs an attorney.

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Answered on 8/04/07, 6:08 pm
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: Child custody

Well it seems that your brother is running out of time. Obviously, he has been deprived of the custudy of her daughter. All he has to do is to seek judicial relief to enjoin her mother from taking her away. After all it is the best interest of the child that is the consideration in child custody. But he has to engage now a counsel of his own choice in order to do this for him.

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Answered on 12/23/07, 10:49 pm


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