I live in CA and my wife seems to believe that she can take my son and leave me and there is nothing i can do about it. I know there are laws out there in regards to custody and since i am his father and have always been there since birth..i am on the birthing certificate and so forth...if you know of the laws or any online resources i would greatly appreciate them. (he is only 3 months old if that helps
2007-11-11 08:57:46 · 9 answers · asked by forgottensoulsoftheworld 1 in Politics & Government ➔ Law & Ethics
Since you are the father by operation of law, if one person with right of custody (here, the mother), maliciously deprives another person of custody or visitation rights, it is a violation of Penal Code section 273.5. No court order is necessary for that statute to apply. There is an exception if the person taking the child has a good faith belief that the child will be harmed in the other person's custody, AND reports the situation to the DA and commences custody proceedings. (Penal Code section 273.8.)
2007-11-12 11:21:08 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, she will't take him in another united states. If he's a minor, opportunities are high that he won't even been permit on the plane with out a signed and notarized assertion from you authorizing her. in case you're desirous approximately custody subject concerns, you ought to hire and lawyer and pass to court docket precise away. there may be a thank you to ask the court docket to do away together with her passport and her son's passport, so they can not go away the country - or supply you short-term custody jointly as the venture is pending. If she left alongside with your son, with out your permission, that must be kidnapping and you're transforming into to be her thrown in detention center. interior the intervening time, i could alert the faculty and friends, etc. approximately what is going on - so as that if evidently like she is making an attempt to flee (like packing a huge suitcase alongside with your son, etc.) they are going to be attentive to to call the folk asap. you could possibly communicate on your son's college and tell them that your spouse is now no longer authorized to %. him up, as a results of those modern subject concerns, etc.
2016-11-11 04:17:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Technically, if you are still married, it is not seen as kidnapping or a custody problem if she leaves you, but if you are going through a divorce, it will become a custody issue and she will have to own up to the court to hear what the actual custody of the child is. In most cases, they use best interest of the child and try to have joint custody whenever possible. My suggestion is to speak with your lawyer and search custody of children in California for more accurate information in your personal case.
2007-11-11 09:05:31 · answer #3 · answered by Lyndsey 2 · 1⤊ 2⤋
If she is still your wife and you have no official parenting plan set up for separation or divorce, then there's not much you can legally do.
If you are looking at a divorce, I suggest you find a lawyer. He/she will help you get a parenting plan together so you will have time with your son and your ex will need to get your permission to leave the state with your son.
Parenting bias are changing and more fathers are getting more rights to their kids these days. Good luck.
2007-11-11 09:07:41 · answer #4 · answered by thezaylady 7 · 1⤊ 2⤋
If u have full custody then no she can't,unless u do not have custody the she can.by court order u can take your kid only if on paper.
2007-11-11 09:04:07 · answer #5 · answered by Anonymous · 0⤊ 2⤋
The female almost always gains immediate custody unless you can prove her "unfit mother" until custody court
2007-11-11 09:02:29 · answer #6 · answered by Anonymous · 1⤊ 2⤋
If she doesn't take you to court in a custody battle, it's kidnapping and she will go to jail for the rest of her life(kidnapping is a life sentence since the kid of that one pilot was kidnapped in the early 1900's).
2007-11-11 09:02:51 · answer #7 · answered by Anonymous · 0⤊ 3⤋
I am guessing that you are still married and living together...yes she can. Once papers are filed for separation/divorce pending custody..no she can't. (I am referring to "legally". Some people still break the law.)
2007-11-11 09:15:09 · answer #8 · answered by peggy m 5 · 1⤊ 2⤋
well, that depends, do you have a support and visitation agreement? if so, she has to notify the court of any move out of state and why she is moving w/ the child.
if you've not got any court papers on this, i really don't know. sorry.
2007-11-11 09:02:12 · answer #9 · answered by skittle_goddess_2525 4 · 0⤊ 2⤋