Legal Question in Family Law in California
Child Custody
I recently left a very mental and emotionally abusive marriage to a heavy drug user. I left the state of California without any other place to live with my four children I am currently in Colorado with my parents. Is there any loop holes I can jump thru to avoid having to return to the situation?
1 Answer from Attorneys
Re: Child Custody
There are no loop holes you can jump through. I can think of two options;
1, Notify father where you are and take no further action for at least 6 months, and hope he will be too high to take any action.
2. Contact an attorney in Colorado and file a petition for custody. Then serve father with the Colorado court action. He may respond by filing a petition for dissolution in California and a motion for the return of the children to California. You would then have to retain counsel in California to respond to his petition. You would notify the California court of your Colorado action and explain that you moved to Colorado to escape the emotional and verbal abuse.
Neither of these approaches has a high probability of success. Your experience with father should be considered in making a decision.