Legal Question in Family Law in California
Parental rights
Brother-in-law's wife left him 5 days ago and took their 6 year old daughter. She has not contacted him about their whereabouts and will not return his calls to her cell phone. What are his legal rights for seeing the child and knowing where she is?
1 Answer from Attorneys
Re: Parental rights
Taking and hiding a child from a parent or person with custodial or visitation rights to a child is a crime in California. However there is an exception in the case of domestic violence or if the child is in danger. An attorney will be able to provide him with help in fileing with the court and getting her served.
He should contact the district attorney's office in the county in which he lived with the child and make a report. The district attorney should investigate the matter and determine where the child is presently located.
He should also file a petition for either a legal separation or dissolution of marriage and a motion for custody and visitation.
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