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magna70 · Dec 18, 2009, 11:00 AM

My wife is going through child costudy in California and she wants to spend the holidays with me in our home in Nevada. She does not have a home or work. I'm in the military here in Nevada. But the court say she cannot leave until the costudy day is done.

Curlyben · Dec 18, 2009, 11:11 AM

If she wants to be held in Contempt of Court then sure she can!!

ScottGem · Dec 18, 2009, 11:16 AM

I'm confused a bit. Is your wife the subject of a custody battle or is she in a custody battle with the father of her children?

There should be nothing barring her from leaving the state, especially for a temporary visit. She just can't bring the kids with her. I've never heard of a court order in a custody case prohibiting one of the parents from leaving the state as long as they don't take the children with them. And, if she does not have a home in CA, then I doubt if she has custody of the kids now.

In the unlikely event she does have such an order she can approach the court and ask permission to make such a visit. She can even ask for permission to bring the children, though the court is much less likely to grant that.

magna70 · Dec 18, 2009, 11:29 AM

She is doing custody battle with the father of her child. But he live in San Antonio TX not in California.

magna70 · Dec 18, 2009, 11:50 AM

The father of my wife child live in San Antonio Texas and does not want my wife to live from San Marcos California. Can he prevent that even if he live in San Antonio TX and my wife is in California

Fr_Chuck · Dec 18, 2009, 07:02 PM

At the end of the court battle, most likely not, since her moving would not bother his visitation, but if there is a current court order for her not to take the kids out of state,

*** or is the order she can not MOVE out of state, that is different than a few day holiday

ScottGem · Dec 18, 2009, 07:07 PM

This is very unclear. The father lives in Texas, You live in Nevada. That's the only thing that IS clear.

Where does the child live? Who is currently the custodial parent? What court has jurisdiction and is hearing the custody case? You said your wife has no home, so where is she staying?

As I said, a court is not likely to prevent the mother from moving or from traveling. Its just that she can't take the kids with her.

If you can give us actual details we may be able to help further.

magna70 · Dec 23, 2009, 03:43 PM

I'm in Nevada, The father is in San Antonio and the child and my wife are in San Marcos California. The court will be held in San Marcos Californio because the Child is a resident from San Marcos California

magna70 · Dec 23, 2009, 03:45 PM

MY wife is the custodian

ScottGem · Dec 23, 2009, 08:00 PM

If your wife is not a California resident, then how did the chiuld become a resident of CA? If you wife is the custodial parent, is the father fighting for custody? Why would he not want to mother to move to Nevada if he's in Texas, since that would bring the child closer for visitation. You have made things a little clearer but opened up a more confusion since the situation doesn't make sense.