Legal Question in Family Law in California

There was an incident of domestic violence against me. The police gave an emergency protective order for me & my child(U.S citizen) against my husband. I wish to leave for India with my child permanently as soon as possible. What can I do to protect myself & avoid my child being taken away from me if there is a custody case filed by husband in the U.S. in the future ?I'm on H-4 visa and won't have a valid visa to return to the U.S . Is there anything I can do here in the U.S before I leave or afterwards in India to protect me & my child ?


Asked on 3/25/10, 12:38 am

1 Answer from Attorneys

You are not going to be able to get a passport and visa for your child without your husband's consent or a court order. Furthermore, California has jurisdiction over the child and the California courts are not going to let the child be taken out of the country without a hearing on the matter and a determination that it is in the child's best interests. You need to get a family law attorney with international issues experience involved in your case immediately. First off they need to file papers to get you a "CLETS" restraining order to protect both of you from your husband beyond the end of the EPO. Then you need to file for divorce and sole custody of your child and permission to take the child out of the country permenantly. First and most important, though, get to a safe place where your husband cannot get to you.

I have a decent amount of family law experience, and a lot of international litigation experience, but little international family law experience. I do however, have colleagues who specialize in international family law issues. I have office facilities in Palo Alto, Cupertino and San Jose, and my colleagues and I have offices in San Francisco. So we could meet with you anywhere convenient that you would feel safe. If you would like to work with us, please give me a call or send me an email.

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Answered on 3/30/10, 12:56 pm


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