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My husband and i are having problems. My 3 daughters (one his

and mine, the other 2...
My husband and i are having problems. My 3 daughters (one his and mine, the other 2 from my 1st marriage) are going to take a trip to see my grandfather for a little over a month. My husband and i are using this time to reflect and think what we want. My question is, if i decide to divorce him and stay in California, what kind of problrms can that create. My husband has already usef our daughter against me stating he will take her away from me, that he will destroy me, and that he will even take my 2 daughters that are not even his away. My kids and i are all feeling we dont matter to him,and are all excited about this break but i dont want him using this control method to scare me into staying. What are my rights and xan i get a job and just stay in california if i decide things wont work? Please help me.
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Answered in 6 minutes by:
7/10/2013
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified

Thank you for your question. I am a licensed Pennsylvania professional and will do my best to assist you with your concerns.

This is a situation where California law does not permit you to file for divorce or for custody until you are a resident in California. That requires obtaining a driver's license, an ID, and bills to premises where you reside for at least 180 days. If you simply leave PA and go to California, you are able to do so if you wish but he can go to court in PA, claim that you abducted his child (he cannot do the same pertaining to your previous kids unless he adopted them), and demand that you return with the child so he can get the child back or he can press criminal charges for parental kidnapping. If you are really set on escaping, and you are concerned that he may sue or seek the child back, then consider first going to the PA courts and file for an emergency ex-parte petition requesting emergency sole custody on a temporary basis which would then permit you to withhold the child, and even travel with the child elsewhere.

Good luck.

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Customer reply replied 4 years ago

Im leaving on the 17th of july. Can i do this while in calufornia or do i have enough time to get it done before i go. The only proof of needing this that i have is a verbal threat to take my daughter away. Is this enough?

Erica,

The emergency order should take place in PA. Obtaining it, if lucky, may take one to two days, you would need to appear in court early in the morning and try to request an emergency hearing. A threat that he would take the child away is likely sufficient but be aware that if that is what you are obtaining this order for, and then you do exactly what you accuse the other parent of planning may permit that parent to go to court and demand that the order be rescinded due to your own potential kidnapping of the child. It may be wise to focus on other factors if they exist, such as abuse or threats of abuse which then can justify you withholding the child from the parent in addition to claims that he would take the child.

Good luck.

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
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Dimitry K., Esq.
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Experience: I provide family and divorce law advice to my clients in my firm.

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