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HMy wife just left with my three year old daughter, I

Customer Question
HMy wife just left...

HMy wife just left with my three year old daughter, I suspect they are now in Texas . What shall I do ?

Lawyer's Assistant: Has anything been filed or reported?

No I'd like to file a TRO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We had an argument and I went out to cool off when I got home she had left the house with my daughter and I know my daughter was in a bad state because she had the flu and I am very worried since there has been no message from them

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I'm in California

Submitted: 7 months ago.Category: Family Law
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Answered in 2 hours by:
1/16/2018
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Ordinarily, a TRO would prevent your wife from contacting you, which doesn't sound like what you want. It's an order intended to protect the recipient from abuse. Are you looking for an order requiring her to bring your daughter back?

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Customer reply replied 6 months ago
I'm looking for an order requiring her to bring my daughter back
Customer reply replied 6 months ago
What should I do?
Customer reply replied 6 months ago
I went to the police and they told me they can't do much because my wife had sent me a text saying where they are. However, she's missing preschool and everyone is worried where she is. I also want her back in her home. My wife has no work and can't fend for her financially. So I'm very worried.
Family Lawyer: Lucy, Esq., Lawyer replied 6 months ago

Thank you for that information.

By default, married parents have equal rights to minor children of the marriage. For that reason, police unfortunately cannot intervene unless you get a custody order. That means the only way to get an order requiring her to return is to file for divorce along with a Motion for Sole Custody. If you had reason to believe the child was in danger, you could make that an Emergency Ex Parte Motion, which the judge would hear right away. Otherwise, it can take a few weeks, because your wife would have to be served with notice of the case first.

An emergency motion is better filed with a local attorney. The divorce paperwork can be found online if you weren't filing on an emergency basis.

http://www.courts.ca.gov/selfhelp-divorce.htm

If your wife manages to remain in Texas with the child for six months, that would shift her residence and make it more difficult for you to pursue a divorce or custody. So keep that in mind. You can file for divorce in California at any time during the next six months. If you and your wife are able to reconcile (if that's what you want), you'd be able to dismiss the case later.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent service. Otherwise, please rate my answer positively so I get credit for the time spent speaking with you today. Mobile users may have to scroll to the right. Thank you.

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Family Lawyer: Lucy, Esq., Lawyer replied 6 months ago

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