Legal Question in Family Law in California

divorce and child custody

What sort of protection or recourse would an American have in a divorce if his Brazilian wife decides to go live in Brazil with their minor child (even if there were joint custody)


Asked on 10/02/07, 4:16 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: divorce and child custody

There is an automatic restraining order that goes into effect upon the filing of the Summons and Petition that prevents a parent from removing the child from the State of California.

However, I would recommend going to court for an order giving you custody if threats have been made that she is going to leave and take the child with her.

Otherwise, you will have to go to court after the fact to try to get her to bring the child back.

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Answered on 10/02/07, 5:50 pm


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