Legal Question in Family Law in California
feeling stupid
My husband and I have been separated for about 10 years, and I have always had custody of our son who is 11 yrs old now. I have never stopped my ex husband from seeing his son. So when he asked if he could come and visit for a couple of weeks ... I said ok. The problem is he refuses to send him home now. I have filed the 1st set of divorce papers, but I have never gotten around to filing the 2nd set. I read on the paperwork - that we were not allowed to remove my son from the county without the courts approval. I miss my son, and want him back. He missed thanksgiving with me, I can't bare missing x-mas with him also. What can I do? Isn't this considered kidnapping? Somebody please help - I can't afford an attorney, so what ever has to be done, I will have to handle myself.
2 Answers from Attorneys
Re: feeling stupid
You don't really give enough information for a proper answer, but I assume there is no existing custody order from the court so the father keeping the child is not kidnapping. You need to get a court order so you must file a motion for at least temporary custody. If you can't get help from legal aid, the library might have a book on how to file the necessary paperwork. Good luck. Michael Hall Gray
Re: feeling stupid
Nolo Press publishes a book on how to get your divorce. There is also a book written by Retired Judge James Stewart that provides information regarding the divorce process. You should immediately file an OSC and a request for a temporary order for custody, and for father to pay your attorney fees. Check with the local bar association they may be able to `refer you to an attorney that will take your case if your husband has sufficient income to pay your attorney fees.
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