Wife moving to OK with son. Want to make sure son has to come back.

[sethnelson91]

Kind of an odd situation. My wife and I are taking a break we are not legally seperated or divorced. She can't afford to lve where she is any more and i can't support two households. So she is leaving to stay with her mom in OK (we live in CA) and she is taking our son because I jsut took a new job and can't afford day care yet and she has her mom out there to watch our son. So the question is I'm giving her 6 weeks to move back which I know that she will not be able to do. So to make sure that my son comes back we decided that we would write up some papers saying that he had to be back here 6 weeks from when she leaves, whether she comes back with him or not, and get them notarized. so if she doesn't send him back will those papers hold up in court if I have to go to court to get him back?

 

[irish223]

Those papers will not be legally binding. You would both be better off filing for a legal separation. The following link has info about legal separation in California:

http://www.courtinfo.ca.gov/selfhelp/family/divorce/

 

[sethnelson91]

WHy would getting seperated legally make a diference.

 

[Duranie]

There is no way you can make her take him back. If I were you I wouldnt allow her to take him. you might have to file for divore and only the courts can order the child back.

 

[CdwJava]

You may not see your son again if she chooses to leave you and stay gone. CA has a child stealing law, but this is an arrangement that can muddy those waters.

If she moves in with mom in OK she might be able to file for divorce and custody there. Do you really want to be fighting this out in Oklahoma?

I strongly suggest that you look into a legal separation that defines custody and visitation. Without it, expect the police to shrug and say, "Sorry" when you call them in 6 weeks to try and enforce a notarized civil contract.

- Carl