Legal Question in Family Law in California

My daughter took her baby to Texas to see it's father, they got into a fight and she went to a motel to wait for her father to come from CA to pick her up. Before he got there she was served with an Restrining Order not to leave the State, Court Hearing to be the 28th. What would happen if she left and came to CA got an Attorney here and filed for Jurisdiction to be here? Her her 14 yr old son 6 mth baby and her father are stuck in a Motel room, the kids will have no Christmas and the Boyfriend has all their clothes and not giving her any of them and she is trying to keep the boy in school. What can they do. Please help ASAP. What will happen with a "Contemp" charge if she leaves?


Asked on 12/20/09, 4:17 pm

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

This does not sound right. Are you sure the order says she cannot leave Texas? Were there criminal charges filed against her? Her father and the children should return to California IMMEDIATELY, as this may be a trick to give Texas jurisdiction over the baby, and she might lose custody of the baby or the father will be ordered to pay very low child support and she will have to make multiple court appearances in Texas. Forget the clothes and get out of there as soon as possible. This sounds like a very dangerous situation for your daughter. She should change hotels and not tell anyone where she is except you. Child support in Texas is very low compared to California. The kids need to return to California IMMEDIATELY to be safe. Call a Texas attorney and get advice before she goes to court. DO NOT WAIVE ANY RIGHTS OR TALK TO THE POLICE WITHOUT A LAWYER. Do not plead guilty to anything no matter what promises are made to her and do not talk to the boyfriend. GET THE KIDS BACK TO CALIFORNIA NOW before the 28th!!! I am out of town or I would ask you to call me. Please, do not ignore this advice. Good luck!

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Answered on 12/25/09, 10:42 pm


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