Seperation and Kidnapping

[dan77]

Seperation - Need advice ASAP

What is the name of your state? California

A friend of mine has been seperated from his wife for about 2 years. They live in different cities in California. They never went through a court to get a legal seperation but had a verbal agreement about how much child support he would pay every month for their son and he would get him every other weekend.

This morning he recieved an email from his wife that she moved herself and their son to Oklahoma City and he should not try to contact them because she will not respond.

I would like to know if anybody knows if he has ANY rights in this case and if there is any way to get a court involved without having to spend thousands on a lawyer because he has no money right now and can't afford the 5K retainer they are asking for.

Thank You.
Dan

 

[djohnson]

If there is no court order then they both have equal rights to the child. Since she hasn't been there long enough to establish residence, he can file for emergency custody in the courts of her last established residence. With that he has something to work with to actually take custody of child.

 

[rmet4nzkx]

Here is a link to the Ca Courts, http://www.courtinfo.ca.gov/courts/trial/courtlist.htm
Have your friend go to his county and file for divorce, custody etc in his county, ask that she pay costs and transportation if there is visitation. She has not been there long enough to establish residence, so she will have to come back here. Have your friend go to the family law facilitators office for assistance. He can ask for fee waivers and for her to pay the cost of court costs and attorney fees. He should have all records that prove the existance of their agreement, bank records, the email, anything, report the child missing to his police department and DA's office. Please note, if there has been any history of domestic violence during the last five years she may be able to move, so he should be prepared for that claim. He should make sure to close any joint accounts, etc and don't pay her the child support but put the money aside so he has it in case he is ordered to pay it. He really should get an attorney specializing in custody and move away issues. Don't delete the email off the server, and print out full headers. Also if she has a cel phone she may be traced. He may also locate her if the child goes to school. Finding her is going to be the problem, so he may be granted many things but unable to find her.