Will I be able to gain child custody if my wife left me? 5 Answers as of July 23, 2011

A year and half go my wife took off with the kids with out my permission To California from kentucky. I didn't want to drag my kids through court battles and I trusted her when she kept telling me she would come back after her mother got better. Now she has filed for divorce in the state she lives in and is threatening to take off with them again. Do I have a shot of getting my kids back?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You have a shot, but it is going to be difficult and expensive. You will need to retain an experienced Family Law Attorney in Kentucky (in the county in which the divorce case is filed) to represent you, long-distance, and you will likely need to appear in the Kentucky court for trial, and perhaps at other hearings as well.
Answer Applies to: California
Replied: 7/23/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If your wife is residing in Kentucky with the children, you would need to seek out an attorney in Kentucky. Had you filed immediately, California would have had jurisdiction over the children. However, since the children have been residing out of state for over 6 months, California no longer has jurisdiction over the children.
Answer Applies to: California
Replied: 7/20/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If she left without permission then you can raise that as an argument when you fight to get them back. The court will decide what is in the best interest of the children, whether to live with you or her or for you to share the kids. You need to retain a family law attorney now to help you. Go to wkfamilylaw.com for more information now.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Your first step in all this is to set up a regular court ordered visitation and parenting plan with your children. You should file a motion in the divorce case asking for a parenting and visitation plan and orders restricting your wife from changing the children's residence without your written consent while this divorce case is pending in California.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
You would need to contact an attorney to determine whether Kentucky would have jurisdiction to determine custody etc. An argument could be made that your consent to come to Ca was conditioned on her return which she did not. Best of luck.
Answer Applies to: California
Replied: 7/20/2011
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