Legal Question in Family Law in California
My wife and I are finishing our divorce, she left me and went to Portland Oregon with my daughter who turned two in February this was about September of 2010 I have the birth certificate and soc sec card for my daughter do I have to give it to her being that I am the other parent. There hasn't been any child custody drawn up yet and she is telling the judge that I will not get any sort of custody. So my question is do I have to give them to her or do I have the right to have those documents as well and what can happen?
2 Answers from Attorneys
She can get copies of those documents herself, so unless you receive an order from the court, under California law you don't have to give her anything. I am confused as to whether you want visitation and have a question regarding that. You do not have to accept that SHE has decided you will have no visitation. That isn't for her to decide.
I am not sure what state this case is in - California or Oregon? If it is in Oregon, you will need to repost your question there to make sure you have an answer based on Oregon law.
What should have happened, just so that others know, is that when she left, you should have immediately filed in California while it still had jurisdiction, and forced her to come back to California to appear in court and require her to come up with a visitation agreement that assures you reasonable contact with your child.
You do not need to give them up until a judge would order it. It does sound like you will need to get an attorney if you want to see your daughter again. Good Luck, Pat McCrary
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