Legal Question in Family Law in California
Filing for divorce in a different state
My daughter lives in California. She is married and has 2 young children. She has filed a police report of abuse against her spouse, and is living elsewhere in the state temporarily with a friend. Her desire is to come to Indiana where her family lives, so she can be away from her abusive husband and have t help and support, and then file for divorce in Indiana. Her concern is whether it is legal for her to leave the state with her children, and whether she can file for divorce in Indiana when she and her husband have lived in California for over 1 year and he still lives there. They were married in Kansas.
4 Answers from Attorneys
Re: Filing for divorce in a different state
Jursidiction over the issue of child custody is in the State of California. If she continues to hide the children without court approval she could very well lose custody of the children. Filing a police report is not conclusive. She needs a judge's order. Good Luck, Pat McCrary
Re: Filing for divorce in a different state
The Indiana courts do not have jurisdiction until she has been here for 6 months with the children. I agree with the Califoria attorneys who have replied.
Re: Filing for divorce in a different state
She should start by filing for a domestic violence restraining order against her hubband. When the restraining order is held request an order allowing her to move from the state. She would request to move for the safety of the children and herself. If this is not successful then she should proceed to file for divorce and a court order for custody and allowing her to move. Retaining an attorney would be a good move on her part.
Re: Filing for divorce in a different state
She needs to file in California and get custody prior to moving. Call me directly at 16192223504.
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