Legal Question in Family Law in California
I have been Divorces 41/2 years, I have legal custody of my 15 year old, my ex husband re-located to Calif from Texas and I allowed my ex to take my son to Cali temporarily until I was in a position to relocate. He had a modification doc wrote up and I signed it, but never went through the courts. I have now relocated to Cali and I want to have my son back. He has a big job and I am starting a business, so I am not as financial as him. He talked me out of hiring a lawyer in our divorce so he basically controlled the whole settlement and I got I think a bummed wrap. I was the one seeking the divorce. My son wants and has wanted to live with me. Now that we both are living in Cali can I reopen the divorce and get my son back???
2 Answers from Attorneys
It is not clear, but if the divorce occurred in Texas, you would need to transfer the case to California or return to Texas to modify the existing order. In either case, it would be advisable to hire an attorney.
Absolutely, though it may not be quick and easy, yours is a classic case for transferring jurisdiction to California and then modifying the current situation. If you are located in one of the Bay Area Counties (S.F., Marin, Solano, Contra Costa, Alameda, Santa Clara, or San Mateo), or the Sacramento area I would be happy to give you a no-obligation initial consultation regarding the process and your options. Otherwise you should contact an attorney in your area.
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