If your children resided, here in California, for six months before they went to Mexico, and have now been in Mexico, for only three months, you can file for Divorce/Paternity, along with an Order to Show Cause, and request sole legal and sole physical custody, and an order that they be returned to California.
If you wait beyond 6 months, then California will no longer have the power to make orders regarding your children.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
You will want to consult with a local child custody attorney. There are many issues that need to be covered. Generally, one can file legal papers with the court and make a request for an order. You need to try and get in front of a judge so a court order will be in place. The police can enforce court orders, but if there is no court order, it is very difficult to get custody.
This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.
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