Legal Question in Family Law in California

Reply: can a wife take away the kids away from her husband?

Assuming that you have been a resident continually in California for 6 months, you can file for dissolution of marriage or legal separation, and request a Court Order for child custody or visitation. If you have an order for custody you would then have to enforce it in Mexico, which can be done.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

Re: can a wife take away the kids away from her husband?

the two major issues you are facing here would be: 1) lack of a court order, and 2) jurisdiction.

if you and your wife are still married, your best bet would be to file for divorce or legal separation in order to get court ordered custody and/or visitation rights to your children, in which your wife could not go against in the future legally. the second part of this issue would be that of jurisdiction since she is now in mexico with your children. however, once you get a court order, you should be able to enforce it at least to some extent in mexico as well. if you would like further legal assistance and/or representation in this matter, feel free to email me directly with how you might want to proceed on this.