Legal Question in Family Law in California
I have a few questions and I am not sure if you can even answer them. My fiancee had a divorce not to long ago and we really have questions on what to do now. He has one child with his ex wife who is about to be six who he has full leagal and physical custody. The judge said that the visitations with the mom are left up to him to decide as at the time she was in jail. She has now been deported back to Mexico. Our questions are this: do we have to allow her to web cam and talk to the baby on the phone? the baby does not want to see or talk to her and when we do web cam her all the mother does is cry and the baby just wants to get up and walk away. Also she has emailed him demanding that he return stuff to her that was awarded to him by the court and telling him he has a month to get it to her. What can we do about this? We are also about to move, the divorce papers so nothing about having to have her permission but we want to know do we still have to tell her our address? She refuses to tell us were she is, not event he city so we could mail her pictures. We are just really confused as to what the laws are since she is not in the united states and what we are allowed to do. Obviously we want to do what the law says. Thanks for all your help
1 Answer from Attorneys
Most all of this should be governed by the divorce judgment. It makes no difference where she is, in the US or not, her rights and his obligations are the same. So you have to start with what the divorce paperwork says. If you are going to move out of California, you probably need the court's permission. If you are staying in CA, it is highly unlikely you need a court order. Since she has no custody, her permission would not generally be needed. As far is the "stuff" that was awarded to him, you can just ignore her. Anything that she was awarded that he might still have, however, he does have to give her, but he does not have to pay to get it to her. She needs to make arrangements.
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