Legal Question in Family Law in California
Rights to child, without any divorce papers being filed. Taken for over a week, was told by spouse they would be back in 2-3 days. It has been over a week and i have not been given any access to talking to child physically or virtually. Also found out that she has now filled a restraining order in other county. False restraining order as i have never physically abused or ever threatened to physically abuse her or child in any way shape or form.
2 Answers from Attorneys
Time to lawyer up. You need to immediately file for custody in the county the child most recently resided in for 3 or more months and seek an emergency order for return of the child to their primary residence.
The answer to your question is easy, The recommended action is more complex. You need to file an action for dissolution/child custody and probably need to challenge the jurisdiction of the court with the restraining order. But you will need an attorney to choose the proper course of action. Good Luck.
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