Riverside, CA asked in Family Law for California

Q: Is it illegal for my ex husband to take out daughter out of state without my consent and not bring her back?

I filed for divorce and he took off to Tennessee and filed for emergency custody. What do I do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It's generally against the law for a parent to take a child out of state without the other parent's permission, especially during divorce proceedings. Since your ex-husband has filed for emergency custody in Tennessee, it's important to respond promptly to protect your rights and your daughter's well-being.

First, contact your attorney immediately to discuss the situation and develop a strategy. If you don't have legal representation, reach out to the court handling your divorce to inform them of your ex-husband's actions. They can guide you on the necessary steps to contest the custody move and seek a resolution.

Additionally, you may want to notify law enforcement or child protective services about the situation. They can assist in locating your daughter and ensuring her safe return. Acting quickly and staying informed about your legal options will help you navigate this challenging time effectively.

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