Legal Question in Family Law in California

Scared to lose my son

I have recently relocated to another state with my husband and my six-month old son. We have been here only three months, but have recently changed our driver's license. We are living with my family so have not established a residence in this state. My husband has threatened recently to leave us. We have a trip to California (where we came from) planned for the Christmas holidays. My question is this, If I travel to California with my son and my husband - will my husband have any legal recourse to force me to stay there with my son when the trip ends? In other words, can he file a restraining order that keeps me from returning to our new home.


Asked on 12/04/03, 5:01 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Scared to lose my son

The short answer to your question is, yes he can. Since you have not been out of the State for 6 months, California still has home state jurisdiction. He could do it, however, it would not be a very wise move, as the court would probably see through his ploy and think less of him for making such a move. Without knowing any further information, there is little more that can be advised other than, he can file a restraining order, but it may not last for long. Good Luck, Pat McCrary

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Answered on 12/04/03, 6:26 pm


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