Asked in Child Custody, Divorce and Domestic Violence for California

Q: Can ex husband run off with kids if they have been in my physical custody for over a year.i have a protective order

He's also on probation for felony charges. aggravated assault in the presence of a child. He beat me up in front of our two kids. it resulted in serious bodily injury. I had to receive surgery. We're also still legally married but have been separated since 2014. He was granted visitation every other weekend in utah. But I moved to California over a year ago cause he violated the protective order I had placed. So I moved away from him cause I was scared. He knows I'm in California. And talks to the kids over the phone he's been tottaly okay with me and the kids being out here. Even plans on moving out here when he gets off probation. But I'm afraid that when he does he'll try and run back to Utah with them.

1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: The answer is probably not (i.e. he cannot run off with the kids), but the precise details are going to be complicated if for no other reason than you have Utah and California in the picture. At the end of the day, you need a court order stating that you have full physical custody of the kids and that his only contact is visitation. I can't tell if you have one of those or not right now.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.