Legal Question in Family Law in California

If the mother and I share Joint and physical custoday, can she dis enroll and re-enroll my son into another school without my consent. The mother moved out of the county without my consent and took my children. In addition, she lied to the school while filing the application and told them that the children only live with her.


Asked on 12/13/10, 9:57 am

1 Answer from Attorneys

James Chau Law Offices James Chau

If this is a move away kidnapping case, you will need to act quickly to get her back. You will need to contact the district attorney to ask if they can assist you in getting the chilren back. Additionally you will need to file a motion in court to ask that the children return to their former county and that the other parent not enroll them in school and change their schooling. These type of cases really require quick action to resolve, otherwise the court doesnt have any power once a long time has passed.

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/

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Answered on 2/04/11, 11:00 am


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