Legal Question in Family Law in California

What are my rights

I am currently getting ready to leave my husband and file for divorce. I have two children one was prior to our relationship and the second one is ours. I plan on going to Arizona and want to take both of my children with me but he(the father) is trying to tell me that he will take our son before I leave so I can not take him. We have no papers filed yet but I plan on filing once I get to Arizona. What rights do I have to take our son vs him taking him? I am the mothewr and have been with him since birth and the father is in the Marine Corps and has been gone for all but about 5 months of our 17 month olds life. Any help would be greatly appreciated.


Asked on 2/10/05, 11:18 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: What are my rights

Leaving CA with your son will weaken your case for custody at the best, and, expose you to child abduction charges at the worst. Get a custody order before you leave, the child being of tender years would most likely be placed with the Mother as primary custodian. Call me directly at (619) 222-3504.

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Answered on 2/11/05, 3:56 pm


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