Legal Question in Family Law in California
Custody issue over my grandchildren
1. I have two grandchildren 2 & 3 years old. My son and his wife are in the process of separating yet have not formally, or legally done so yet. I have reason to believe that my daughter-in-law may be planning to take my children to where her sister lives out of state without discussing it with my son. Is there something legally he can do to prevent this?
2. My son is the soul supporter of his family, and I am wondering what his chances is California would be for getting full or atleast shared custody, and what would be the process he should tak to pursue this?
1 Answer from Attorneys
Re: Custody issue over my grandchildren
To stop the mom from taking the children out of state your son can simply file for divorce or legal separation--by doing so, an automatic restraining order is made prohibiting either parent from removing the children from the state. Your son has as much right to custody as the mom. A father's chances of getting 50% custody are usually pretty good.