Legal Question in Family Law in California

My son and daughter in law who currently live together, are pending a separation in the near future...they have 2 minor children together and niether one of them have consulted or retained an attorney nor has any paper work been initiated or filed...I received a call from her this AM asking if her and the kids could come out to my house and stay for awhile stating that he didn't come home again last night and emotionally could not deal with what he is doing. In the mean time he come home and she told him that her and the kids where gonna come out to my house which is approximately 90 miles from them and he told her if she did that he would report for parnetal child abduction and have her arrested...he is a deputy himself, I told him that he had no recourse and that without anything being filed and no court ordered custody she would not be commuting any crime....I am the parental grandparent, his mother, she is trying to conceal them or keep him from seeing them or turn them against him. There kids are only 3 yrs and 8yrs old...and I agree with her that the constant argueing is not a healthy environment for those children. Is the crime of parental child abduction present given this situation?


Asked on 9/26/10, 8:30 am

1 Answer from Attorneys

I assume you meant to say "She is NOT trying to conceal them or keep him from seeing them or turn them against him." If that is correct, I know of no crime in her bringing the kids to stay with you, and in fact that may be a very wise and healthy thing for her to do, especially since you are HIS mother. I can't see what he's complaining about.

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Answered on 10/01/10, 8:48 am


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