Legal Question in Family Law in California
desertion
daughter in law wants my son to move out. She has a boyfried and abuses my son and children. Would it be desertion if he moved out and still supported the children. What are his rights? Does he have to move out immediately. She was taken to jail last week for spousal and child abuse.
2 Answers from Attorneys
Re: desertion
Your son should go to court and obtain an order removing her from the house and giving him custody.
Re: desertion
No. It will not be considered desertion if he leaves the children with mother. He does not have to move out of their home unless there is a court order. If there is child abuse and spousal abuse involved then your son should act and obtain a court order for custody of the minor children. Further, he should obtain a kick out order and a restraining order against the mother to move her out of the home and have her stay away from him.
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