Legal Question in Family Law in California
Family law, custody
can my husband take my 8 year old out of state without my permission? We are legally married but he wants a divorce and I have been told by him that I am not to come on vacation to Texas with them. He also smokes pot every day. Will his drug use prevent him from getting joint custody?
3 Answers from Attorneys
Re: Family law, custody
You need to file immediately and go ex parte for an ORDER perventing the exit from California. Otherwise, the court may loose jurisdiction. Contact me directly.
Re: Family law, custody
Mr. McCrary is correct, but his answer was not complete. The standard restraining orders apply to you when you file the petition and have the summons issued. They do not apply to him until you serve him with the summons and complaint. Once he is served leaving the state would be a violation of the restraining order. Filing in California should also establish California as the home state.
Re: Family law, custody
I suggest that you file for a dissolution immediately. Upon filing there is an automatic restraining order preventing either party from removing the children from the State of California without the written permission of the other party or an order of court. That will solve your immediate problem and you can set a child custody hearing for the court to determine the child sharing. Good Luck, Pat McCrary
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