AROSE said:
i want a divorce from my husband. we are still living in the same house, (in california). i am afraid to have him move out in fear that he will take the kids to missouri. without a court order i am afraid this could happen, and it would be very hard for me to get them back. what can i do right now without provoking him?
My response:
In California, the moment you file your Petition for Dissolution of Marriage, and the moment he is served with the Petition, there is an AUTOMATIC Restraining Order that goes into effect. Read both sides of the Summons and you'll be able read, in full, exactly what I'm talking about.
That way, when one person violates the automatic Restraining Order, they are IMMEDIATELY subject to CRIMINAL PROSECUTION.
Until a Petition for Dissolution is filed, AND SERVED, either parent is within their rights to take property and children of the marriage anywhere they want.
IAAL
[Edited by I AM ALWAYS LIABLE on 05-11-2001 at 04:36 PM]