Legal Question in Family Law in California
i am an indian non immigrant in the US, subjected to domestic violence by my husband.My daughter is 8 months old and she is an US citizen. Please let me know if I can leave the country with my daughter.
1 Answer from Attorneys
While it is common for one spouse to up and leave with the child during domestic disputes, it is not adviseable. The other spouse can call the district attorney or police and report it as a kidnapping and there may be an arrest warrant or other legal santions taken out against you. You would need to weigh against the possibility that your spouse would do nothing and let you go, or he would do everything in his power to bring you back. You would need to weigh those two choices.
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
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/