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| Child Custody & Support Child custody, support and visitation. |
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May 24th, 2008, 10:02 AM
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#1 |
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Junior Member
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May 25th, 2008 10:47 AM Join Date: May 2008
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Taking child out of state
I live in the state of California. My spouse took my only child and moved out of state, just after having me arrested for domestic violence and getting an emergency protective order against me for 1 week. Is this legal?
Last edited by Ninlago : May 24th, 2008 at 10:03 AM. Reason: left out state in which I live |
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May 24th, 2008, 05:46 PM
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#2 |
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Re: Taking child out of state
Yes, as long as the two of you are married you each have a legal right to take your children wherever either of you wants.
You should file for divorce immediately, in your current State of residence, and require her to return with the child for the court hearing. You should also request temporary custody of the child pending the divorce, based upon the fact that she is denying you access to the child. All this depends, of course, on her allegations of abuse being unfounded. |
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May 24th, 2008, 05:58 PM
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#3 |
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Re: Taking child out of state
Also we are in the process of divorcing. Our divorce papers were filed back in Oct 2007 at which time we had mutually agreed on joint physical custody of our daughter. As such, neither one of us agreed to child support payments. Does this change your answer any? Once the divorce is final, is she obligated to bring my daughter back to California to meet the terms of our divorce decree?
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May 24th, 2008, 09:33 PM
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#4 |
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Re: Taking child out of state
Your divorce papers, or your separation papers, should have stipulated what the visitation schedule would be pending the final hearing.
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May 25th, 2008, 10:46 AM
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#5 |
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Re: Taking child out of state
I understand that the divorce papers stipulate the visitation schedule but keep in mind the divorce has not been finalized yet. My question is once the divorce is final, is she obligated to bring my daughter back to California to meet the terms of our divorce decree?
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May 25th, 2008, 07:48 PM
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#6 |
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Re: Taking child out of state
It all depends upon whether that is required by your final divorce decree.
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