Legal Question in Family Law in California
No court order for custody or anything.....
my husband and i are seperated, he lives in cal. i live in nv. i have 4 children, 3 of which are his. we were not married at the time of birth for any of them, so he is not on the b-cert. the children and i have lived in nv for about 2 yrs. i would take the kids to visit him often and he has never been denied anything when it comes to them. also he has never paid any support or helped us out in any way. recently the kids went to visit and he kept them. and wont tell me the address. then he filed a D.V. tpo on me for something that i was arrested but not convicted of that happened more than a yr. ago. now i cant go and get my children and bring them home and i cant even go near them. he is the step father of my oldest son, isnt it illegal for him to keep him from me? also until there is an affidavit of paternity is he allowed to keep the other children since he isnt on the birth certificates? i have been going in circles trying to figure out where to start on getting my children back. i dont see why i would have to file for custody and wait for a court date when we are residence of nv. and the kids were enrolled in school this year, and they have been with me for yrs. when all i did was let them visit thier dad. what do i do?
2 Answers from Attorneys
Re: No court order for custody or anything.....
If the TPO was issued out of California, you should retain counsel in California to dissolve the TPO and address the children returning to you. You should also file a paternity action requesting custody, past child support and current child support and a set visitation schedule so there are enforceable orders in place and he cannot just take the kids.
Re: No court order for custody or anything.....
Your ex is probalby guilty of the felony of kidnapping the step-child. The father may be guilty of concealing the other 3 children. You should contact law enforcement. As far as the 3 children that are his, jurisdiction will be in the state where they have resided the last 3 months. If they have not been in California for 3 months, then you need to bring an emergency action in Nevada now. If they have been in Cal for 3 months, then you should bring an emergency action in Cal now.
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