Legal Question in Family Law in California

mother abducts child without fathers knowledge of whereabouts

My son came home from work and his wife and baby were gone, all her belongings and the baby's were gone. He has been trying to contact her for 5 months thru her family memebers. He believes they know her whereabouts but wont tell. It is believed that she has moved to the state of Neveda. He is in California. What are his rights and what avenues does he take in this situation? He wants contact with his daughter who is 6 months old.


Asked on 6/11/01, 1:59 pm

2 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: mother abducts child without fathers knowledge of whereabouts

I would advise your husband to retain an attorney, and file for divorce and child custody in California. The attorney would try to locate the spouse with the help of an investigator and do what is necessary to properly serve in person or by publication.

The problem is that he has waitied 5 months to do anything which may bias his case. Another issue is that the spouse could do the same thing in the State which she currently resides and get a Custody and Support order against your son! You want to beat her to the punch so to say.

In anycase if you are located in SoCal I would be happy to provide a free telephone consultation to you. Call 818-998-1584

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Answered on 6/28/01, 1:02 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: mother abducts child without fathers knowledge of whereabouts

He does need to file an action now, not later. His attorney should contact the child stealing unit of the local district attorney to help in locating the mother and child. He could also depose her relatives to find out what they know. Possibly once they know that they are involved in a mess of her making they will become more cooperative. It is time to invest time and money in a legal action and attempting to find her. You will want your legal action filed first so that she can be served as soon as she is found. Good Luck, Pat McCrary

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Answered on 6/28/01, 8:23 pm


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