Legal Question in Family Law in California
My wife left CA with our daughter 2 months ago. We have nothing filed with the courts. She is making terrible choices regarding our daughter. She will not allow me contact or phone calls with our child. I want to file for divorce and custody in CA. If the judge makes her bring our child back, can I keep my wife out of the home I am renting? We do not own any property/houses.
2 Answers from Attorneys
Yes. And you need to move quickly. The longer she is in another state, the more likely the other state will claim jurisdiction.
Yes, you can keep her out of the house. I would suggest you IMMEDIATELY file for an emergency hearing for return of your daughter and exclusive use of the home you are renting. But, time is of an essence. The longer you wait, the less likely a judge will find that an emergency exists. Good luck!
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