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custody issue

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i live in ca. i'm married with 2 kids and my wife has been talking about seperation.i'm afraid she may try to take off with the kids while i'm away. the courts tell me that as long as there are no court orders she can take the kids if she wants and that in order to file a resraining order keeping her from leaving it has to be in conjunction with seperation or divorce papers but i don't want to file for divorce or seperation. is there any way i could keep her from leaving the area with the kids? if what they say is true could i just up and leave with the kids without reprocussions?
 


D

daniel123456

Guest
kids in concern

yes either parent may take the children out of state,unless one of the parents can prove that the other is of danger,or not for the best intrest of the child,then under a court order only can a person be held in contempt of court for taking a child,i have to admit,after reading the case files with regards to california family law,though they are the most comprehinsive laws,not be rivaled by other states,except perhaps in the same manner as virginia,and sc.they are so massive,and conflicting,its a wonder anyone is ever found guilty,or not guilty.if they havent limited,a defendants rights,then they have provided in the opposing manner.making the interpretation of those laws so confusing.even the us.supreme court had to study there cases awhile before interpreting the definement of what is,and is not allowed,though the supreme court cannot overwrite laws,they can strike the questionables ones down,so that the state legilatures would have no other choice than to repeal the laws.they definantly need to amend them and condense them a little better.sorry,got carried away,fact remains,she can take them with her.but if you know what state she would take them too,even if she has them,you could file for your divorce,and at the same time file for custody of the children in your home state,they would utilize the family reciprical act,to her state,she would not have established a residency in her new state yet,which would be at least 6 months,more than likely,thus giving you ample time for your proceedings.im not an attorney,please consult with one in your area,good-luck,friends
 

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