Legal Question in Family Law in California
Can my ex wife sue me and gain sole custody of my kids because I am not willing to sign papers so she can obtain passports for my kids and move them out of the country?
5 Answers from Attorneys
Sorry, but your question isn't phrased very well. If she's planning on moving out of the country with the kids, it looks like your will be going to court to fight over custody (as you call it, "sue me"). You will need an attorney. These are serious matters.
Child custody is established by a number of factors but primarily by what is in the child's best interest. You do need an attorney to best assess your legal options.
The simple answer is "yes." She can take you to court and ask for sole custody because you will not allow the children to be issued passports so she can move out of the country with them. Whether she would win, however, is an entirely different question.
1. Your ex can always take you to court to modify the court orders but she needs to show a good legal basis and change in circumstances. That you refuse to sign a passport is not a basis to modify the order, because the court would not even probably order you to do that.
2. Whether or not she would be allowed to move out of the country with the children is the really sticky question. It is questionable if the court would allow that. But for that issue alone, it would be highly suggested that you have legal counsel. Good luck!
www.FamilyLawCalifornia.com