Legal Question in Family Law in California

I am the mother of a 3 year old son, getting married in September. I have sole physical and joint legal custody of my son. We are planning to get married in Maine, and he refuses to give permission. There isn't anything arguable about safety, or the well being of the child. My question is, what paperwork do I need to file to get an okay from the judge? How soon must I do this?


Asked on 5/22/12, 5:33 pm

5 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You need to file an order to show cause. For further information, visit http://www.ellifritzlaw.com

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Answered on 5/22/12, 8:49 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Now is the time to file the motion and serve the father. With the severe budget cuts in the courts, some jurisdictions are suffering delays on getting the parties into family court services before the hearing ( which is a requirement before you go to court). To ensure you are moving this along at a speed to get orders well in advance of your September deadline, please hire an experienced family law attorney to protect your legal interests.

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Answered on 5/23/12, 6:07 am
PATRICK MCCRARY PATRICK MCCRARY

If you are traveling to Maine for the wedding but are not moving the residence of the children to Maine, you may not need an order. In that case you can fax me the order or send me a copy attached to an e-mail and it will take me 2 minutes to tell you what will need to do. If you are planning on moving the residence of the children to Maine you need to get started now as it can take 6 month to a year to get the hearing for the judge to make an order and in that case you will almost certainly need an attorney.

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Answered on 5/23/12, 6:42 am


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