Legal Question in Family Law in California

Here's the situation. My ex husband and I married in July 2009. Turns out he was previously married and that divorce was not finalized till January 2010. Our daughter was born December 2009. In April 2010 due to a domestic dispute I filed for a dv restraining order against my husband protecting myself, our daughter, and my parents whom I live with. With the restraining order, the judge also granted me full legal and physical custody of our daughter, with the father only having supervised visits only , which he still to this day has not requested any visits. Divorce paperwork was filed in September of 2010. Our court date was set to February 2011 which he did not attend due to being incarcerated. Was continued to June 2011. Just received letter from court house saying our court date had been scheduled for a day that the court house is closed so it's being continued to October 2011. Is there anything that I can file to request a sooner date? Also my parents and I were planning on going to Florida to visit with family(my uncle and aunt, and cousins) and we would like to take my daughter with us to meet her extended family. We would only be gone out of state? I know the restraining orders stated that only the father needs the mothers permission to go out of state. But not sure if the divorce paper work that was filed over rules that order or not. Please any help would be gretaly appreciated. We have already paid for airfare etc.....and made arrangements


Asked on 6/03/11, 4:53 pm

1 Answer from Attorneys
Meredith Barnett Barnett Law, Ltd.

Sounds like your marriage is void and you should file for a judgment of nullity. Since your Ex was married when you married him, your marriage to him is void. Also, if the only order that pertains to custody of the child is the restraining order then those terms will govern. It sounds like you have only filed for divorce and the court has not ordered anything except for a hearing date. If that is the case then follow what the restraining order says.

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice.

Read more
Answered on 6/03/11, 5:18 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California