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loopholes in California custody law?
I am asking for a friend of mine. She was raised in Ohio, but moved to California for work after college. Last year she got pregnant, and during her pregnancy, she and the baby daddy broke up. Since the baby was born 7 months ago, she has only been home once ( around Easter, I think). In an effort to make her life miserable, the baby daddy is now refusing to let her leave the state, even for a few days. Apparently, even for her to leave for a few days, he has to sign off on it. Are there any loopholes to allow her to come home briefly for a family visit?
@daisy--she has physical custody, he has visitation. She does want to come for a visit. She just texted me today that he will not even let her come home for a family funeral next weekend.
@ other poster-- I know there are reasons for the laws, but there are situations where those laws are used to perpetuate emotional abuse. This is that kind of case. This man has told her that she has to *prove* that she is as good a mother as his other 3 baby mamas, he has told her that she has to meet him to pick up the baby but not told her where--then told her if she is 6 minutes late, she has to go to court to get her baby back!
@dustin--thank you. Your answer has been the most helpful so far. I don't know too much about custody law. I had 2 children out of wedlock, but married the baby daddy before getting pregnant with #3 ( we have been together 16 years, and married 10). All I know is what E has shared with me. Considering that I *know* her really well, I have no reason to believe that she would lie about the abuse that she has taken from the baby daddy.
6 Answers
- 1 decade agoFavorite Answer
You don't have anywhere near enough information to even begin to form an accurate answer. She needs to consult an attorney. If she can't afford one then she should contact the state bar association to be put on a list to receive pro-bono (free) or reduce rate legal services. She should be allowed to leave the state for so long as it doesn't interfere with his court ordered visitation and it's not a permanent move. That's the moral answer but not a legal answer. I have no idea what kind of a court order they have or even if they have a court order.
- Mr PlacidLv 71 decade ago
It all depends on the court order.
Your friend can go back to court and petition to have the order changed so that it reads that "notification" (rather than permission) is required before taking the child out of state.
- ?Lv 71 decade ago
You'd have to know what sort of custody arrangement they have. If he has legal custody, he can refuse to let her take the child out of state. Maybe she's just using it as an excuse to not come home?
- Anonymous5 years ago
form one if he's in simple terms your boyfriend then you definitely have already got custody of your newborn. What i might do whether is pass down and record for him to have supervised visitation if he desires to work out the toddler. That toddler is amazingly youthful proper now and there is not any courtroom which will falter you for procuring out of a foul subject whilst it grow to be not secure for you are the toddler. pass communicate over with a criminal expert and get those products started in case you cant have the money for one then pass to criminal help. stable success my pal.
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- 7 years ago
My son and girl friend are go to drug Rehn and they want me to have temp custody of the don't even no were to start here in Calif
- Anonymous1 decade ago
no loopholes sorry.
those laws are their for good reason.
why doesn't she let the daddy have him while she see's her family?
