Because you were married at the time the child was born, you have just as much rights at this point as the Mother does.
what are my options
what should i do regarding separation
I know it probably does not seem like it because she took the child...However, what you can do is file for the separation/divorce
Do you know what state she is now living in?
she rarely sends me pictures of my daughter and is living with another guy
Okay. Here is a link you should consider reviewing http://www.courts.ca.gov/selfhelp-divorce.htm
ive been on here all day
Essentially, by filing a Court action, you would be requesting the Court to implement a custody/ visitation schedule
spousal abandonment and kidnapping?
Until there is a Court Order, there is not really a feasible way to have the child returned to you. It is generally not kidnapping because the Mother has as much rights to the child as you do.
so she can just leave the state with my daughter without my consent and i just have to accept it
the spousal abandonment could be raised in the Petition for Divorce or Separation
she's been out of state for almost six months
You would have to file the Petition in the Court seeking the return of the child
ive been in and out of the country so i havent had time to take legal action
If she has been out for six months, she may be able to contest the jurisdiction in which case, you would have to file in the State the child has been living...Utah
You should consider consulting with an attorney.... the attorney should be able to accomplish a substantial bit while you are overseas
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