Legal Question in Family Law in California
I've heard through the grapevine that my ex-husband's father is going to help my ex-husband charge me for kidnapping the kids. The kids and I have moved from Georgia to California last December.due to needing a life changing scenery after the divorce of my second marriage. My ex-husband had moved away from home in 2007or 2008 to Tennessee (he has emotional/behavior issues, abusive, and brought drama into the household; with the help of parents he was kicked out of the home). He brought problems with his real mother resulting jail time, mental hospital and ended up with felony on his record. His father took him in to encourage him. My ex did not see the kids often and saw the kids once or twice a year (with the help and transportation from his father). I forbid the kids to see my ex only and forbid my ex to know where I lived exactly since he tends to bring outbursts of temper when things doesn't go his way. Then I haven't heard from him in a year or so. I decided to move to California because my brother invited me and the kids to live near him. I thought it'd be great to get away for a while and recuperate from my second divorce. Now, I am the primary caregiver in a 'joint custody' stated in a divorce decree made in 2004. There's no mention that I cannot move out of state. I'm not surprised he wants to start trouble but I want to know if I'm doing anything illegal or how to lay grounds of protection. He's the one that left and he thinks I should be bringing the kids to him when he doesn't take the responsibility I have been taking care of my kids for years now. I have been making decisions alone without him. Even if he were to charge me for kidnapping, I will NOT GIVE in for the kids to be alone with him and do not trust his family members for they do give in his way sometimes. He has no sense of rationality often that I worry for the kids if it ever comes to drama coming from him. If I lose my kids, which I strongly in my power will not let it happen, they will NOT go to him nor his family for their sake. I'll be darned they ended up having learned his behavior and become unruly adults. Any answers are appreciated.
3 Answers from Attorneys
It sounds as if the divorce and child custody orders came out of Georgia. Please consult with a Georgia attorney about this kidnapping issue since that state may have existing orders controlling your case.
Ms. Kock's answer is correct but incomplete. Since neither of you live in GA anymore, you have a right to have the case transferred to CA under the uniform statutes governing child custody jurisdiction. That process does, however, have to be initiated in GA by a GA attorney.
You may use temporary emergency jurisdiction of the California court while you wait the determination by the Georgia court that neither parent, nor the child, currently live in Georgia. This will protect you from charges of kidnapping and will get the jurisdiction in California. You may call my office for a free consultation. Good Luck, Pat McCrary
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