Legal Question in Family Law in California
Not my Kids!!
I am seperated with my wife for 1 year now. She has not let me see my daughter now for 1 month. I am going to now file for divorce. Is this something I can use in court to get custody of my daughter when we go to court. She is also threatning to leave the state to keep me away from my daughter. Can she? What are my options. I have proof of her threats and her keeping my dughter away from me via email.
3 Answers from Attorneys
Re: Not my Kids!!
You should file a dissolutin action, immediately. Upon filing there is a standard restraining order in place that says that neither parent may take the child out of state without consent of the other parent of an order of court. Then you must file an OSC for custody and child sharing. You can use those e-mails as evidence. I suggest that you retain a attorney who will provide a much greater chance that you will prevail and will help you avoid pitfalls. Good Luck, Pat McCrary
Re: Not my Kids!!
Take restraining order from court against your wife as you are father of the child and you have every right to see and visit your daughter. Contact the attorney/lawyer
Re: Not my Kids!!
File for divorce immediately. With it, file an OSC. Get orders immediately that she can't leave. While there's a chance that you could get custody, there's a strategy to all of this. Consult with an attorney. But while you're looking for an attorney, at least file the petition and the OSC.
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