What If My Spouse Takes The Children and Refuses to Return?


What If My Spouse Takes The Children and Refuses to Return?

out of state child custody

Every parent’s nightmare is to have a spouse decide to divorce, and quietly take the children and leave the state.  Even if you have done nothing wrong, you may still be the victim of this type of behavior if your spouse takes your children and simply moves out.  Once the children are across state lines, getting them back becomes a legal issue that can be fraught with problems that require a great deal of time and money to correct.

What are your legal rights if your spouse takes your children out of state?  What can you do to ensure a smooth transition for your family as you and your spouse approach the topic of divorce?  What are your options in bringing your children back home safely and quickly?

Examine Your Case On An Individual Basis

If you are facing a situation in which your spouse has taken your children out of state without your permission, you may need to file an emergency action to require her to bring the children back.  However, when you are still legally married, showing that your spouse has taken the children wrongfully can be much more difficult than when you are already divorced.  This means that each case must be examined individually to determine the best course of action.

In some cases, filing an emergency petition may be the right thing to do.  By filing for divorce, you can have your spouse served and begin a legal action that will require her to respond.  However, in other cases, it may pay to have someone mediate between you and your wife to devise a reasonable solution.  In still other cases, you may have to wait a certain amount of time to show that your wife has truly left and is not planning to return.  This can be very difficult, but a good attorney can help you take the right steps to protect your children and to speed up the process so that you are reunited as soon as possible.

If you are struggling with a difficult separation, contact the attorneys at Men’s Legal Center in San Diego immediately.  Our attorneys have years of experience in handling all types of divorce situations, and we will work with you to find the best solution to your problem.  Call today for a consultation about your case and learn more about how we can help.

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