Legal Question in Family Law in California
Ex Husband wants custody
I had a baby shortly after divorcing my husband. My boyfriend accepted full legal and parental responsibility. After 4 years without contact, my ex petitioned me for joint custody/visitation rights, just as we were finalizing our move. Being that I had already established residency in a new state, can he impose an injunction against me from removing my daughter from CA?
1 Answer from Attorneys
Re: Ex Husband wants custody
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
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, as well
as information about me (education, experience,
et cetera) and my office (location, hours, fees,
policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry. For example, is
the unborn child mentioned in you divorce judgment?
That notwithstanding, the state that makes the
first order regarding custody of the child usually
has exclusive and continuing jurisdiction to make
future orders as long as at least one party
and/or the child remains in the state. But
there are lots of exceptions. Contact a
California attorney if that's where your
ex-husband has filed his petition.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.