I am a Marine stationed in California my wife has been cheating on me and when confronted she left to AZ with our daughter with the intention of divorce. Can I charge her with kidnapping, adultery, and I would like to know if i take her to court can she get custody of my child who is a US citizen even though she is not?
1 Answer from Attorneys
When a child is taken out of the child's home state the UCCJEA governs which jurisdiction has the authority to make a ruling regarding the physical custody of the minor child. You stated you are in the military and reside in CA, so I will assume CA is the child's home state. You are able to file the necessary documents for your child's return in CA. Without more information, it is difficult to tell you the best course of action. Please feel free to contact The Owsley Law Firm, PLLC for a free thirty minute consult to have more of your questions answered. (623)-748-8973.