Although you are in New York, this is a question about California law. Please repost the question in the appropriate section.
Best of luck.
It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>
Repost your question on the California Avvo section.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
You are asking the wrong question. The question is: She kidnapped my kids and what can I do? Under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), if the child has been in a state for six months or more, then that state has jurisdiction. If your kids have been in CA for less then 6 month, you need to hire an attorney ASAP and file a petition for habeous corpus. Most judges will issue an order demanding that she return to NY with the children. Then you are are in good position to actually get custody. If more than six months have elapsed, then you need to enforce your rights in CA. Again, if less then 6 months have elapsed, run do not walk to an attorney. Look at my website, www.NYDivorceFacts.com, where I have several articles on "relocation" cases. Do assume that the mother can treat the kids like luggage: pack them up and take them wherever she wants. You have rights, don't sit on them.