Legal Question in Family Law in California
Fathers Rights before divorce is filled/done
My wife took our daughter away from me without my persmission in Feburary. Right now we are in the process of filling for a divorce. My daughter is 8 months right now.
I plan to drive from San Diego to Fresno to see my daughter soon because I miss her so much. My wife though is not making this easy. I am only able to make it up there for one night and would like to stay overnight with my daughter whether or not my wife is the same place. The wife is not allowing this.
What are my rights as of right now? We are still legally married as of now. Is it considered kidnapping for my wife to move so far and our child without my consent?
2 Answers from Attorneys
Re: Fathers Rights before divorce is filled/done
You need to get a temporary order on custody. Normally with a temporary order the court will not allow a move from the county, however, since that move is done you may not be able to get her to move back. I suggest that you get the advice of a custody attorney. You can call me for a free consultation. Good Luck, Pat McCrary
Re: Fathers Rights before divorce is filled/done
Immediately file in San Diego for custody. You may go ex parte and request that your daughter be returned. As your wife and daughter have been in San Diego County for the last six months prior to the move, the venue is is San Diego County. You must act quickly before residency is established in another county (6 months from move). Contact me directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
