Legal Question in Family Law in California

Hello, I am residing in Calif. with my wife and 3 kids. I have a question: My wife took my kids to Texas to visit her family for Christmas and suppose to return on the 6th of January. All of a sudden she is talking about staying in Galveston, Texas with her parents to help with her mom who has alzheiners and dementia. I don't want her to stay because I don't want to be away from my kids. Is she allowed to stay gone with them without my written permission? I was told that whatever state you are residing in at the time either party file for divorce, the kids are to remain where they are residing at the time or get written permission from the other party to take them out of state. Could you please respond to this and let me know if this is true?

Thank You so much and have a HAPPY NEW YEAR!


Asked on 12/28/13, 12:52 am

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

If the children have satisfied jurisdictional requirements in California under UCCJEA, then California should be there home state. Please consider filing a motion requesting that the children be returned to California if your wife insists on remaining out-of-state. I would also strongly advise that you meet with an experienced family law attorney to explore your legal options and to protect your rights.

Read more
Answered on 12/28/13, 8:14 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California