Legal Question in Family Law in California

hello. my name is Joseph L. Mixon.

I have a question that I would appreciate an answer to.

I am going threw a divorce right now and I have a 3 and a half year old son.

I can't afford to have my own place nearby my son. I am staying with my aunt

approximately 2 hours away from my son. I have just completed a school learning

how to drive a semi truck to get my class A license. I am waiting right now to start

my orientation with my new work and after the orientation is over I will be going out

with a mentor for 6 weeks before being given my own truck. I am having my wife claim that

I have abandoned my son even though she knows exactly where I am and she also knew

step by step where I was and what I was doing. I have documentation stating where I was

and what I was doing. she is threatening me that she might just move away with my son

and change her phone number and never let me see my son again. I have told her that I am

only doing over the road trucking for approximately 1 year and then I will be getting a local

job and purchasing a house for my son and I. I have no intentions of ever leaving my son.

right now I have no money coming in but, I try to see my son as much as I can. we have an arrangement between eachother that she is supposed to call me for my son so I can talk to him.

their have been numerous times that she won't let me talk to my son on the phone and she is now

threatening that she will shut off my sell phone line which I pay for by doing odd jobs until I start

with my new work. I have never threatened her and I would never threaten my son ever. I am actually concerned about my sons safety since she is with a man that has a spousal abuse charge on his criminal record and sleeping with a minor and reckless driving and numerous drug charges. Can she actually move away and not tell me what her number is to stay in touch with my son until I have a place of my own and a local job.

Please help me out. I need to know that is not legal because it doesn't sound legal to me.

Joseph L. Mixon


Asked on 2/26/11, 10:45 pm

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

Mr. Mixon,

While the divorce is in process both you and your wife are restrained from taking the child out of the state of California persuant to the Automatic Temporary Restraining Order that is attached to every Divorce Summons. If you have not requested orders from the court for visitation and telephone contact with your child you should do so immediately. You need to put file an Order to Show Cause for Custody and visitation with the court

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Answered on 2/27/11, 9:47 am


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