Q: Can I Refuse My Wife Entering Apartment (Family Law In California)?
I'm married to foreign wife (no family case) and she took 3yo child away from me without my consenting or custody court order. I don't know my child has been stayed for several days. She blocked my phone number and replaced with a new ph number that I don't know. She has never given where the child is.. She took also child's all doc(passport, birth certificate..) I reported Child Missing to local police and have case number. I'm sure she alone will come back our apartment to take her belongings and clothes. I got the rent apt 3yrs before marriage, so the tenant (signed) is me only, NOT co-tenant. She has lived here 10months only. My questions- 1) Can I refuse opening the door without child? and then 2)What if I call police? Police will have her enter or catch her for the missing Child?
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A:
Under California law, if you and your wife are co-tenants on the lease or rental agreement for the apartment, both of you have a right to occupy the property. This means that you generally cannot refuse your wife entry to the apartment if she has a legal right to be there.
However, if your wife has engaged in abusive behavior or threatened your safety, you may be able to obtain a restraining order or protective order that would limit or restrict her access to the apartment. Additionally, if you are concerned about your safety or the safety of others, you may want to consider speaking with an attorney or contacting law enforcement for assistance.
If you are in the process of a divorce or legal separation, you may also want to speak with an attorney to discuss your rights and obligations regarding property and residence during the proceedings.
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