Can my husband take my son out of state after he abandoned us? 6 Answers as of April 28, 2011

My husband was in rehab for cocaine and alcohol last December. After a recent cocaine relapse I told him that I had enough and want a divorce. He decided to have a friend buy him a plane ticket and flew out of state the same day leaving us with no money and not even bothering to quit his job. After finally hearing from him last night, he wants to share custody and have me fly my 5 month old son from ca to il and stay with him at his mothers house with her partner. Does he have a leg to stand on? Is there any way he can take our son out of state and away from his home after all of this? .....he also lost his previous job for drinking while at work!

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Your husband does not have a strong case, at all. Do not agree to allow the child to leave the State. If you do, you will probably end up regretting it. Clearly, he should not be awarded primary physical custody. In fact, he should probably only have supervised visitation. At any rate, he cannot take the child or move him out of state without giving you 45 days' notice in writing. That is, after you have filed for divorce. You should file right away. You must have him personally served wherever he is. Overnight the documents to a process server out there, with a Proof of Service (FL-330).
Answer Applies to: California
Replied: 4/28/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Until orders for custody and visitation are established you each have an equal right to custody. In order to protect your son, you should retain an attorney and request that you immediately file for custody of your son and request monitored visitations based on his drug and alcohol problems.
Answer Applies to: California
Replied: 4/27/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
File a divorce case and have the papers served on your husband. Once he is served, automatic restraining orders will become in force against your husband, restraining him from removing your child from the state of California.
Answer Applies to: California
Replied: 4/28/2011
Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
There is a good chance you can but you want to make sure that you do it properly and not violate any laws or automatic restraining orders if you already filed for divorce.
Answer Applies to: California
Replied: 4/27/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Given the facts you stated, it seems the burden is on father to get an order for the child to leave the state to visit him. You said he abandoned you and the child, and moved out of state. Thus, the child is with you correct? You can simply not allow the child to leave with him. Also, if you file a divorce petition, there are automatic restraining orders that prevent the child from being removed from the state. As part of the divorce, you can request sole physical and legal custody, with limited supervised visitation to father, due to father's drug and alcohol problems. It would be wise to hire a local family law lawyer to help you file for divorce and seek proper custody orders to protect your child. Good luck.
Answer Applies to: California
Replied: 4/27/2011
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