My fiancee's soon to be ex wife was a resident of the state of Florida and then took off with his two kids to California because he wouldn't go back to her. If we file for child custody here will she have to come down here or will we have to go to california? Also she is refusing to let him see the kids and we have copies of emails saying this, if she files for child custody in california (orange county) will she automatically get custody because she already has them?
2007-01-02 14:14:46 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Well, darlin' thats kidnapping. Parental kidnapping, very common, and illegal. Your fiancee should seek the advice of an attorney ASAP. Make sure you keep ANY and ALL forms of communication from her. Keep a journal of everything that she says and does.Yes, if he files for custody in FL. she will have to bring the kids back for the hearings, and I recommend he try to get a temporary custody order as soon as possible. Use the fact she is mentally unstable, this is not the act of a rational person. Automatic custody to the mom is an old standard, not easily enforced, nor granted any more. He needs an attorney. Call the local D.A.'s office, see if they can advise him, or legal aid, if your lacking in funds. Possession is not the rule in custody issues. The ages of the kids are also a big factor. Please do it quickly. She may try to disappear, or worse, turn the kids against him with lies and fabricated issues, IE, "dad's bad, on drugs, crappy new girlfriend whose gonna beat you" get my drift? Hurry, times a wasting.
2007-01-02 14:28:15 · answer #1 · answered by msmaryanne3 4 · 0⤊ 2⤋
I am not sure, but I would think the custody issue would take place where the divorce was filed. I guess the first thing to do is contact your fiance's lawyer and ask him. He might could charge her with kidnapping. Some states have laws that states a child can only be taken an X number of miles. Check on this in your state. Good luck..
2007-01-02 14:20:45 · answer #2 · answered by Dyan 4 · 0⤊ 0⤋
as stated above custody issues are resolved within the state where the child lives, so how long has the kids been in CA? better talk to a lawyer but if the kids been in CA for either 3 or 6 months then CA will have jurisdiction
as toward custody allot depends on age of children who has been primary care giver, has you fiancee been current with child support payments all factors in determine custody
2007-01-02 14:39:07 · answer #3 · answered by goz1111 7 · 1⤊ 0⤋
Typically, it is the state in which the children reside that has jurisdiction over custody matters. I am assuming that there has not been a divorce proceeding yet? If there has, the state in which the divorce proceedings are occurring has jurisdiction.
An attorney, or your state's legal aid services can answer this question for certain for you.
2007-01-02 14:23:06 · answer #4 · answered by Kerry 7 · 1⤊ 0⤋
Try the sites below for reference on this legal matter. Make sure to change the State to CA. The last site is an affordable way to get access to a TOP Law Firm in your State.
2007-01-02 14:17:46 · answer #5 · answered by citronge69 4 · 0⤊ 0⤋
Custody is decided in the child's 'home-state'. They have to have lived in the state for 6 months in order for it be their home, home state. So, if they have lived there for 6 months, you need to file in CA. Sorry.
2007-01-02 15:43:49 · answer #6 · answered by kathylouisehall 4 · 0⤊ 0⤋
If he sues for custody and he wins, they will live in Florida and visit California. If he loses, they will live in California and visit Florida. Because she didn't try to hide it and there's no agreement promsing not to, it may not be illegal that she took them out of state.
It really complicates matters when you say things like "because he wouldn't go back to her." It means you are willing to confuse the issue for the sake of drama.
2007-01-02 14:23:48 · answer #7 · answered by Kacky 7 · 0⤊ 0⤋
File for custody where you currently live!
Please be advised that the government has set child support rates so high that it will bankrupt you, so it's important that you get custody.
Expect to pay $1200 to $1800 per month if yo do not get custody.
Good luck!
2007-01-02 15:12:27 · answer #8 · answered by DB 2 · 0⤊ 1⤋