Legal Question in Family Law in California

My wife and I are not legally separated, but live apart. My five year old daughter stays with her. I recently found out her new boyfriend sleeps with them in the same bed. I am extremely concerned and will contact the local authorities. Can I just take my daughter away from her without legal repercussions? Can I use this to get full custody of her?


Asked on 11/05/09, 5:32 am

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

Assuming there is no custody order, you both have equal access to your daughter. However, if you take her from your wife, she can file a dissolution case with the Court and file an emergency motion for return of the child. You can then give your reasons to the Court and they will issue a temporary custody/visitation order. Just because your wife did this, doesn't mean you will necessarily get full custody but it doesn't hurt your case. Good Luck!

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Answered on 11/12/09, 1:19 pm


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