Legal Question in Family Law in California

My husband and myself have custody of his children. The mother has monitored visits due to being bi-polar. My husband at this time is incarcerated and she is threatening to take the youngest who is about to be 13. She not gone by the court rules for sometime now and is still unstable. What can I do? I am working with one income at this time and it is unemployment.


Asked on 5/21/10, 1:49 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

You should maintain a stable home life for the children as best as you can. The mother can not kid nap the children, she must go to court and petition for them. You should make sure that any legal documents you have establish the husband as having custody of the children. You might want to speak to a local attorney to help you establish strategy for if the mother comes forward asking for custody.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

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San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/25/10, 11:47 pm


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