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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Will I be able to keep my son 2 and a half year old with me

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Will I be able to keep my son 2 and a half year old with me here in Ca.Ca. is his home state.His mother took him to Hawaii and would not return him to Ca. until court ordered.730 evaluation came out in my favor mainly because my ex took him to Hawaii without my consent.This is the third time my ex is trying to leave the area where the father lives.She has two other kids from two other fathers.We are going through a 733 evaluation now because my ex objected to the 730 evaluation.We have 50/50 temporary custody the judge let her take him to Hawaii every week.
Submitted: 7 years ago.
Category: Family Law
Expert:  RayAnswers replied 7 years ago.
Thanks for your question. The court will have discretion here to decide the matter. The purpose of the 733 is to gather additional information and then the judge decides the matter.

I can't tell you probably here becasue the court has serious concerns about her leaving previously without permission. Yet he has allowed her to continue to travel with the child so ultimately he will decide the matter.

He has the ability to decide best interests of the child and I am not sure at this point what his intentions totally are. You will need your lawyer to make argument to support your position here as yo have good facts to present to support in the matter. I hope the court agrees with you here. You certainly have my sympathy for this situation as it does not seem to be totally healthy for this child to keep the traveling up here.

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