Legal Question in Family Law in California
Mother wanting better life for her and her children
I am a mother of 4 living in Southern California. My husband is serving a state prison term for spousal abuse. My children and i were relocated by the DA's office in our county, and are now in the Secretary of State's Safe at Home program. I was awarded sole primary custody of our children. In family court. (ages: 15, 14, 9 and 7)Nowhere in the court docs does it say court retains jurisdiction or that i can't remove the children from county, state or country. I was offered a position with an IT firm in Australia managing one of their offices. It is the chance of a lifetime for me. I would like to accept the position. It would mean a MUCH better life for my chlidren and I. As, I am on Social Services now. I have been told by a paralegal that if i remove my children from the state i can be charged with kidnapping.
My question is...is there anyone out there that knows how i can accomplish this move legally? Without fearing criminal charges from my husband?
2 Answers from Attorneys
Reply: Mother wanting better life for her and her children
Your underlying Court Orders need to be reviewed so that your questions can be answered. I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Mother wanting better life for her and her children
Aske the secretary of state contact, about it. It is my understanding that unless there is a court order, or you have served him with a petition for dissolution of marriage, on which there are automatic restraining orders, you can move so long as you arrange for him to know where the children. Since he is very dangerous you should be able to get a court order that you can move and keep your new address secret from the ex husband.
See if your employer or a family member will loan you enough money to hire a family law attroney.
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