Legal Question in Family Law in California
.What can I do?
My husband is trying take my 2 boys out of town with him because we are going to separte, I'm scared he won't give them back. What can I do?
3 Answers from Attorneys
Re: .What can I do?
Dear Inquirer:
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If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
When you file and serve a Petition for Dissolution of Marriage, automatic temporary restraining orders (ATROs) go into effect. One of these prevents either party from removing minor children from the state. The other option is to file ex-parte for even more restrictive orders. Contact an experienced Family Law attorney in your county for specific advise and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply:.What can I do?
You will need a court order to prevent him from removing the children from the area. If you file for divorce or legal separation, you get automatic temporary restraining orders when you file, which prevent both of you from taking the children out of the state.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: .What can I do?
Get an attorney and file for an Ex Parte hearing.