Legal Question in Family Law in California
Left state with children
My daughter left Claifornia with her two children. Her husband is using drugs is verbaly abusive and very controling. He has been unemployed for almost a year. They had all been staying at his parents in California for the past year. He is saying the law is going to come get the kids and she will go to prison for 2 years for leaving the state with their children. We need to know her leagal right in this matter.
1 Answer from Attorneys
Re: Left state with children
Under Califronia law hiding a child from a parent or person that has custodial or visitation rights is a crime. If charged as a felony the maximum sentence would b3 three years in prison. His use of drugs and his abuse may justify her moving out of state. She should immediately contact the child abduction division of the district attorney's office in the county in which she was residing. She should tell the district attorney where she is presently living. Generally criminal charges are not filed in cases such as this if she responds to the DA with her current address. Often the court will order her to bring the children to Califronia pending a custody and visitation order. She should contact an attorney in the state where she presently resides and then determine what option is the best for her.
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