Could I call the police if my girlfriend is going to move the kids to another state? 7 Answers as of April 14, 2015

My girlfriend is saying that she is going to move to Texas to live with her family and that she’s taking our 3 kids with her and she isn't talking to me anymore. She can’t do that because I’m the father and I love my kids and I have been a good father their whole lives. I told her she just can’t take them like that just because she is saying we broke up and she wants to move to her sister. Should I just call the police and they will stop her?

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
The police will NOT stop the mother from moving. If you fail to make an application in court immediately the mother will probably leave the state and you can say goodbye to your children. When you are dealing with children in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life! http://www.OrangeCounty-DivorceAttorneys.com
Answer Applies to: California
Replied: 4/14/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
File a request for emergency protective orders to prevent your ex from moving the children out of their home state. Please meet with an experienced family law attorney to assess your legal options.
Answer Applies to: California
Replied: 4/14/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Didn't I already respond to a similar post of yours? The police have not business getting involved unless the child is abducted or concealed. The Court needs to approve the relocation of the kids before it can be legal.
Answer Applies to: California
Replied: 4/13/2015
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
Without a court order the police will have no authority to stop the mother from moving. If you haven't done so, you need to file either a Petition for Custody or a Petition to Establish a Parental Relationship. You file the latter if you already have established paternity in another case such as a child support case or by the existence of a Declaration of Paternity signed regarding the children previously. Once a Petition is filed with the Court and served on the other parent, then the children cannot be removed from the State of California without The Court first making an Order.
Answer Applies to: California
Replied: 4/13/2015
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
The police cannot help you. If you have not established the "legal" fact that you are the children's father then you need to file a paternity action in court to determine that you are the father and you have parental rights. As soon as you file the action and have her served she cannot leave the state because there are automatic restraining orders that go into place. If she leaves that state make sure you know where she goes because you can have her ordered to come back.
Answer Applies to: California
Replied: 4/13/2015
    The Law Offices of Tres A. Porter | Tres A. Porter
    You need to consult with a family law attorney in your area immediately. If there are not Court Orders in place stating that she may not move the kids out of state, then she CAN move the children out of state and the police won't be able to do anything about it.
    Answer Applies to: California
    Replied: 4/13/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    She is not breaking any court order if she takes the children with her or if you keep them with you. It does not sound like you have any court orders yet. You need to file a Paternity case at your local court right away, and request child abduction prevention orders. Once you have a court order, she won't be able to move and take the children with her. If she moves first, then you will just need to fight for a custody and visitation orders. The sooner you do this, the better, if she moves and gets court jurisdiction in Texas, you will need to go there for all your custody and child support hearings. If you have the case here, she will need to come here for all the court hearings.
    Answer Applies to: California
    Replied: 4/13/2015
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