does she have the right ot leave w/baby?

I am writing on behalf of my sister in law, who doesn't have access to a computer outside of work & she'd rather not do this there. She's been married just under 2 yrs. has a 6 mo. old baby. She & husband live in CA, he has a drinking problem & gets verbally & physically abusive. She wants to leave, but doesn't want to jeopardize her chances of getting custody when they finally end up in court (as they inevitably will). Is it okay for her to pack up & move with the baby to her mom's house? Does she need a restraining order? Doesn't he have rights to the baby as well? Will this be considered abandonment? Pls. reply soon-this loser gets drunk & turns into a jackhole on a daily basis. Thanks.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sister in law:
[b]I am writing on behalf of my sister in law, who doesn't have access to a computer outside of work & she'd rather not do this there. She's been married just under 2 yrs. has a 6 mo. old baby. She & husband live in CA, he has a drinking problem & gets verbally & physically abusive. She wants to leave, but doesn't want to jeopardize her chances of getting custody when they finally end up in court (as they inevitably will). Is it okay for her to pack up & move with the baby to her mom's house? Does she need a restraining order? Doesn't he have rights to the baby as well? Will this be considered abandonment? Pls. reply soon-this loser gets drunk & turns into a jackhole on a daily basis. Thanks.[/b]<HR></BLOCKQUOTE>


My response:

1. Is it okay for her to pack up & move with the baby to her mom's house?

As a resident of California, yes. She may be married, but she is neither a slave nor a captive prisoner. She may go where ever she chooses.


2. Does she need a restraining order?

If she is contemplating divorce or legal separation, a restraining order is automatic upon filing; it's on the Summons. However, if she's not prepared to divorce or legally separate, but she's in actual, current, fear for her's, or the baby's safety as a result of her husband, then yes, she may go to the courthouse, criminal clerk, and fill out a Request for Temporary Restraining Order. It's free. A court hearing on the matter will be held within a short time, however, once served, he must stay away from her until the court hearing.

3. Doesn't he have rights to the baby as well?

Well, sure. Since he is the father, his rights of visitation will only be determined if she files for divorce or legal separation, and such visitation may be severely restrained, or even monitored. Also, child support and spousal support will be determined. However, until an action for divorce or separation is filed, his rights remain unfettered to visitation.

4. Will this be considered abandonment?
No. People are entitled to move, take vacations, have a cooling off period of time, etc. Heck, my wife takes a look at me every morning and says she's leaving for Tahiti.

Good luck to you and your friend, and of course, baby.

IAAL


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