Child Custody Law and Transfer/DROS question

[Thermapen]

I'm tracking two other threads about divorce proceedings and restraining orders, which sparked questions about my own unfolding family situation.

I've already PPT transferred my firearms to a trusted friend to avoid RO or red-flag issues. I'm prepared to file petition and summons to my spouse for custody of my children. I understand the summons puts a restraining order for petitioner and respondent to prevent the removal of my children from CA until things are resolved legally.

My question is does this restraining order impact the PPT of said firearms to me as the buyer? By conforming and serving the summons, would it be advisable to wait till everything is resolved legally before PPT or any other purchase?

Thanks

[Librarian]

I'm tracking two other threads about divorce proceedings and restraining orders, which sparked questions about my own unfolding family situation.

I've already PPT transferred my firearms to a trusted friend to avoid RO or red-flag issues. I'm prepared to file petition and summons to my spouse for custody of my children. I understand the summons puts a restraining order for petitioner and respondent to prevent the removal of my children from CA until things are resolved legally.

My question is does this restraining order impact the PPT of said firearms to me as the buyer? By conforming and serving the summons, would it be advisable to wait till everything is resolved legally before PPT or any other purchase?

Thanks

You will need to wait for the court to act - no telling how broad the order might be. I'd plan for a long separation from my guns, were I in that situation.

And do recall some of those guns might be considered assets of the marriage and subject to division. Proving you do not have any - and that includes ammunition and magazines and reloading components! - may turn out to be critical, but attempting to conceal their existence could well be a problem.

[bugsy714]

[Mark49]

I'm tracking two other threads about divorce proceedings and restraining orders, which sparked questions about my own unfolding family situation.

I've already PPT transferred my firearms to a trusted friend to avoid RO or red-flag issues. I'm prepared to file petition and summons to my spouse for custody of my children. I understand the summons puts a restraining order for petitioner and respondent to prevent the removal of my children from CA until things are resolved legally.

My question is does this restraining order impact the PPT of said firearms to me as the buyer? By conforming and serving the summons, would it be advisable to wait till everything is resolved legally before PPT or any other purchase?

Thanks

For the life of me I don't understand how your situation would get to a formal RO. Family law does everything in is power to provide/protect under 18 children. Family law doesn't recommend a RO "Stay away order" for a normal divorce. Your attorney should NEVER allow the courts to suggest or recommend both parties have a RO in place.

Which leads me to believe, you and your wife had issues with law enforcement that would move the needle.

Note: It's unlawful to remove your children out of state unless both parties agree, this comes into play when you first file for divorce. NO RO SHOULD BE REQUIRED for either party for the sake of children hiding. Both parties will need to disclose address(s) and, if needed (Safe) place to pick-up and drop off children.

You said, "Avoid an RO" First you would have a pre-hearing normally, then 30 days later you're hearing for an RO. Talk to your attorney, discuss this issue with the court, unless your guilty of pending crime?

3 years minimum on a harassment order, 5 years on an abuse type order. Take your children out of state once the divorce is filed. Standard policy. Unless one or both parties agree otherwise. NO RO ON EACH OTHER APPLIES HERE!!!!! Standard Family law procedures.

If you're not guilty of a pending crime, work out all your issues with your X and avoid any type of order. I would suggest both parties STOP any agreement for an RO.

Family law court does not suggest an RO unless one or both parties are considered a danger to your family, X or others...

Family Court: Dear Judge, I'm here for the best interest of my children(s), I'm not here to discuss why I'm the better parent. It's all done on computer Disomaster. Time spent, money earned, in that order.

Last: I went through a bad divorce. My X brought up all my guns, even printed out them in order serial # you name it. It was never a factor as the one issue we both had going for us, is we never had threats, abuse etc. My X asked for 100% child custody, we both receive 50/50.

A happy ending for me, other than the thousands $$$ spent to my attorney.


Sorry to hear you are entering a very bad divorce....

[Thermapen]

[gunuser17]

Let's face it, a not so uncommon response to a petition for divorce and child custody by a male is a child abuse and/or partner abuse allegation in response which is accompanied by a restraining order limiting or prohibiting contact. Given that possibility, it is important to at last consider how the father would respond to such allegations however unlikely.