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Do I have full custody of my childrens after my spouse is in jail pending Domestic Viloance charges?

San Diego, CA |

My husband got arrested because he try to threat against my life. Right now he is in jail waiting for his trial. SInce, I fear for my safety I asked my employer to transfer to another state. They are willing to tranfer righ away. My worries if Do I have full custody of my childrens? or does he still have right over my childrens and block me from leaving the state?

Attorney Answers 4


Step One is to make sure that you have a protective order in place. In some cases the police will get an "Emergency Protective Order" issued at the time of the arrest that will protect you and your children. If the police did not get you one then you must go to your local courthouse and ask for "Temporary Domestic Violence Restraining Orders." Most courthouses have programs to help you complete the forms and the process.
Step Two is you have to file for court orders awarding you physical custody of the children AND allowing you to move. In California there's a presumption that someone who committed Domestic Violence shouldn't share equal custody rights, but you need the court to order that to be able to move out-of-state with the children.
Step Three is to make sure that you and your children get counseling to help you understand what you've been through and to learn how to deal with what you all have been through. Most cities in Southern California have a battered women's shelter that provide those counseling services, as well as the support you'll need to get through this.

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It appears as though your husband was charged with, but not convicted of, domestic violence. You are trying to do too many things at once it seems. You should find an attorney in your area to go over the facts of your case and advise you.

Good luck to you!

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This question would be better placed in the family law section of the avvo questions.

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In order for you to claim full custody, you need an order from the court. You need to establish this immediately before you move. If you don't, then you could be liable for criminal issues on moving the children away from him. See a lawyer immediately on this.

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