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Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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My wife left me out of the blue with my son. She said she's

Customer Question

My wife left me out of the blue with my son. She said she's staying with a friend, but I don't know where. Is this even legal? Can I legally take my son back home?
Thanks in advance,
p.s. I'm in California
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there Mark --


Unfortunately, military lawyers can't help you because you need to take the matter up with the county family court in the county where you and she last resided with your son. You should contact a local county family law attorney to file a Motion for custody with the local family court and even if you are unable to locate her, the court can still grant you a custody order. Once you have a custody order from the court you can get local county law enforcement to put out warrants for your estranged wife so that your son can be returned to you. I urge you to do this quickly because if you do not do so, then your wife can and probably will get into a local county family court where she is living to seek sole custody and whomever gets the first custody order on your son will actually have the better leverage in negotiations when it comes time to actually decide upon custody and visitation rights.


I wish I could give you an easier way to handle this but I cannot. Military legal may be able to refer you to a good local law firm that handles family law and custody issues. If not, you should contact the local county bar association in the county where you live and they can give you a referral (they should be online if you do a search).


Please let me know if you have more questions. If not, can you please press a positive rating above before leaving (the middle, fourth or fifth star on the right). I am paid nothing unless you press a positive rating before leaving. THANK YOU VERY MUCH



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