Legal Question in Family Law in California

what are my rights if my wife leaves me and takes my kid with her. I would like to send time with her still but my wife wont let me take her with me out of her parents house. My father n law sits there and watches me and I feel really uncomfortable. We have not even talked about legal things yet but while we are not living together for now I still want to see my kid


Asked on 6/06/10, 7:51 pm

1 Answer from Attorneys

Each parent has an equal right to undivided custody until a court orders otherwise. Once parents split up, however, that right is meaningless since you can't both have custody at the same time once you split. So there are no rights until you go into court and get an order for how custody will be handled. The court will usually order what you agree to if you two can agree. Otherwise the court will order what it thinks is in the best interests of the child. Then your rights are what is said in the order.

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Answered on 6/08/10, 1:59 pm


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