Legal Question in Family Law in California
my wife took our two kids and went to stay with her parents in another state while i am still here in california. i just filed for divorce and my papers came today. She does not have a legal residence in oregon where she went but has got the kids into school. the children want to be here in california but she wants to stay in oregon because she has her family to help her. if i serve her while her and the kids are in oregon does that mean that the kids have to stay in oregon or can i bring them back here to california with me?
3 Answers from Attorneys
If the children were recently relocated to Oregon and California was their home state, you should file a ex parte emergency motion requesting their return to your care and permission for local school enrollment. I strongly urge you to retain a skilled family law attorney to assist you.
Unless she moved to Oregon more than six months ago, the children are under the jurisdiction of the California courts, not Oregon, and you have a right to have them returned. Ms. Kock is correct as to the motion you need to file, and also that it would be a very good idea to have a family law attorney on board.
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