Legal Question in Family Law in California
Roaming Parent With Children
My husband and I have been struggling for over 2 years to get this resolved. We have been to over 5 attorneys and all have been unable to help. My husband has two children through a previous relationship. His ex leaves the children with relatives frequently. We are not allowed to see them and she moves on a quarterly bases, drawing welfare without the children in her custody. She has even drawn welfare in two states at the same time in which my husband is responsible in repaying. Every attorney says that it is out of their jurisdiction because she has not lived in the state for very long or she is not currently in that state. My husband went to the state court to set up the child support and once he did, she fled. Right now, all we know is she is living in Fresno. Whether she has the children, is another story. What do we do to get visitation and retain her from fleeing?
2 Answers from Attorneys
Re: Roaming Parent With Children
You need to file a case and serve her with the papers. once she is served, if she flees you will win the case by default.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Roaming Parent With Children
More information is needed to answer your question:
1. Where was the divorce petition filed?
2. If the divorce petition was filed in California; does he still live in the county in which the petition was filed?
3. Has an order for custody and visitation been issued by any court, California or elsewhere.
4. If the petition was filed in California does the father still reside in the county in which the petition was filed.
Assuming that divorce petition was filed in California and the father still lives in the county in which the petition was filed. Further that if there is a custody order it was made by a California court and no other state court has issued a custody and visitation order. Father should file a petition for a restraining order, requiring mom to bring the children to court. Then he should have her served with this restraining order.
Once she has been served with the restraining order she must come to court or face the loss of custody of the children. If she appears in court then the court may issue an order for visitation.
If mother cannot be found contact the district attorney's office for help. Hiding the children from father is a felony in California. The District Attorney should be able to assist father in finding mother and the children. If mother does not respond and cooperate with the District Attorney's office a warrant for her arrest may be obtained by the District Attorney. When she is arrested on the warrant the children will be placed in a shelter. They should be released to father.
It is welfare fraud for mom to collect AFDC in two states at the same time. It is also welfare fraud to obtain assistance when the children are not living with her.
If you know where mom and the children are in the state of California, and can afford to pay an attorney, request for a Warrant in Lieu of a Writ of Habeas Corpus can be obtained. The court can issue a warrant for her arrest. This is faster than dealing with the District Attorney, but is valid only in California.
All of the above step
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
