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Ex spouses share custody of child, recently father took child out of the U.S. without permission under CA law what are my rights

Asked over 3 years ago - Ladera Ranch, CA

My ex-husband & I have a 50/50 custody order of our 4 year old child. We are both not allowed to take our child out of the state of CA without the other's permission. My ex-husband has been on my back for two years about taking our child to Mexico, which I will not agree to. Recently, my child told me she went to Mexico on an airplane during her last visit with her Father. Since she is 4 years old I can't get any detailed information out of her. Is there anyway I can obtain a passenger list for an airline? Or can I found out if she has had a passport taken out? I can't seem to think of any other way to find out if she really did leave the country. Also, if she did indeed get taken to Mexico without my permission what steps can I take next?

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Attorney answers (1)

Barry Ira Besser

Reputation Level 9

Answered almost 3 years ago. Child Custody Lawyer in Orange, CA.

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If you can prove what your child has indicated to you, you will need to have an attorney file paperwork for you to deny the father a passport for the child, based on the fact that he violated the court order regarding removing the child from California without permission.

BARRY BESSER
Attorney at Law

ORANGE COUNTY DIVORCE ATTORNEY

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Other answers (1)

M.E.

Answered by a user, over 3 years ago.

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You should immediately consider going into court and asking that the father surrender her passport to you or to the court, based on the statements your child made. You can subpoena various airlines to check their passenger manifests for trips out of the country into Mexico, but that could be pretty expensive. You can also depose your ex husband and flat out ask him and see what he says. All of therse options are potentially very complicated, so you should definietly speak to a family law attorney in your area, and at the very least ask that your daughter's passport be surrendered. Good luck with this.

Feinberg & Waller, APC

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