Legal Question in Family Law in California

child custody

My son's wife took their child to CA on ''vacation''

from Arkansas. Now she says she is with someone else and isn't coming back. My son would like to file for custody of his child. We realise that the child needs to be here when he files. If his father brings the child to Arkansas would he be guilty of kidnapping?


Asked on 3/17/02, 11:08 am

4 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: child custody

he should file in Arkansas under their law

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Answered on 3/17/02, 11:44 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: child custody

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Jurisdiction (AR v CA) is determined by the Uniform Child Custody Jurisdiction and Enforcement Act, and NOT by where the child is living at the moment. Interstate custody battles are complicated. Get advice from a lawyer who is experienced in same.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 3/28/02, 3:46 pm
Butch Hale Hale and Young

Re: child custody

It's not kidnapping if they are still married and she knows where he is taking him.

How long have they lived in Arkansas? If they have lived here at least 6 months then he can petition the courts for a divorce and custody.

Butch

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Answered on 3/18/02, 7:31 am
PATRICK MCCRARY PATRICK MCCRARY

Re: child custody

You should contact an attorney in Arkansas. Jurisdiction would remain there under the facts that you have given. He should not delay, a delay may give jurisdiction to the state of California. Good Luck, Pat McCrary

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Answered on 3/18/02, 12:16 pm


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