I live in california have 3 kids and been with my wife for a few years we're not legally married and about 3 weeks ago she told me she was going out of state to see her ill father and she just recently called to let me know she will not be returning back to california. I spoke to her and she no longer want to be with me, my interest are my kids safety and would like to have them close to visit. I also found out she's already seeing or living with someone she use to work with in california in which he quit his job too and left saying his father was ill too and was going to mexico but now I find out he's with her. Is there anything I can do to get my children back to california?
1 Answer from Attorneys
Yes. California has jurisdiction over the children for up to six months after they leave. You need to get a custody proceeding on file right away. The court will then order the children returned to California in most cases, until a final resolution of custody issues is made. If you have not both already established paternity by court order or a declaration of paternity properly executed and filed, you will also have to include a request for a paternity determination in the same proceeding. Bottom line, though, the longer you wait before filing the tougher it will be to get them back to CA and to win the custody proceeding.