Legal Question in Family Law in California
I took my children out of state
I took my children out of the state of California and was given a protective order in Utah, which awarded me temporary custody(domestic violence). My ex-boyfriend filed an order to show cause for custody in CA. I have to respond to the CA courts next week. I transferred my job here, put my kids in school, and rented a house. My ex- just completely botched his supervised visit here... Was it illegal for me to flee with my children when there was no previously established custody? What are the chances the State of California will be able to make my move my kids back to CA. I doubt they would award custody to my ex, but can they make ME move back there with my kids? Thank you!
3 Answers from Attorneys
Re: I took my children out of state
There is a law called the Uniform Child Custody and Jurisdiction Act, which is observed both in Ca and Utah. If you have been here with the children for 3 or more months, the Ut courts may take jurisdiction. You need to talk to an attorney immediately to avoid having the Ca courts have jurisdiction.
Re: I took my children out of state
Those questions are more complex than you may realize. The court cannot order you to move back to California, however, it may order you to return the children to California. It was not illegal to take the children out of state, however, that you did take the children out of state without consent or a court order will be a mark against you. It is one of many factors that the court will consider. If your children are important to you, I strongly suggest that you get an attorney who is experienced in move-away issues. You cannot afford not to have an attorney. Good Luck, Pat McCrary
Re: I took my children out of state
You need to contact an attorney in California to respond to his court action. If he was abusive you may be justified in moving to Utah. The court in California needs to be made aware of the Utah custody order. If you do not respond to the California action an order that is adverse to you will be entered against you.