Originally Posted by
Napa Dad
My 3 year old son, his mother and I moved to Napa approximately 6 months ago. We rented a home together, leased in both our names. We were actually living together as a family for the first time. Our son was born in New York and I am the father listed on the birth certificate. My son's mom moved all her belongings here, has the utilities in her name and licensed and registered her car in California. Our son was attending Montessori preschool and was well-settled in our new community.
Approximately three weeks ago she indicated she was going to fly to Aspen, Colorado to visit her brother and his family. She communicated little in the first week except for indicating she planned to stay another week. The second week turned into a third and she has just informed me that she does not intend to return to California. She refuses to communicate further. I informed her by email that this is kidnapping and have no reply.
What steps must I take to have my son returned to California, at least to the extent of establishing a parenting plan? I am in a position to sshare custody and do not want to be an absentee father in our son's life---Is there some form of emergent hearing I can request that will establish this case within California---all my son's personal furniture and belongings remain in our home--as does her California registered car--Can California take jurisdiction over the case and establish what custody plan is to be established?
I would truly appreciate any and all help that can be provided....
I am an unmarried father of a wonderful three year old. Our little family moved to California exactly 5 1/2 months ago. My son's mother left the state three weeks ago for what was supposed to be a 1 week visit with family. She now refuses to return. I do understand the 6 month implications. My son had spent time since birth in Massachsetts prior to our move. We moved here and "connected" with the area. We leased a large beautiful home for six months, joined parents groups, enrolled our little boy in Montessori preschool etc. I have another teen age son that is in high schooll here in California etc. My older son is crushed to not have his baby brother in our home. I have extended the lease on our home and want to remain here.
My son's mother left all her furniture and personal belongings here in California as well as her new car which was just licensed and registered in California a month ago---
Do the "significant connection" guidelines overcome the 5 1/2 month situation--or should I wait 2 more weeks to actually have 6 months in the state?--
my son's mother owns a home in Massachusetts but it is leased for a year and she relies on the rent for income.
Thanks in advance for help--I miss my little boy and want Calif. to have jurisdiction.