Legal Question in Family Law in Arkansas

Re: can my sister leave the state with her child?

California law requires 6 months residency in the state and 90 days in the county, prior to filing a petition for dissolution of marriage. However, she can file a petition for a legal separation without any residency requirements. She can amend the legal separation petition to a petition for dissolution after being a resident for 6 months.

Her problem is that under the law for child custody Arkansas is the childs home state. There is a provision for a parent to leave the state and take a child when there is reasonable fear of physical harm to the child if the child is not removed.

There may also be a statute similar to the California statutes which make it a crime to take or hide a child from the other parent. In California she could avoid violation of this statute by notifying him where the child is located. There may also be a provision that allows her to leave if she is in danger of being physically harmed.

You should also consider resubmitting your question to an Arkansas attorney.

Re: can my sister leave the state with her child?

The real problem you will have is that under the UCCJEA, Arkansas is the home state of the child for 6 months. You me be able to get a divorce in CA, but the custody and visitation issues will remain in AR.

IMHO, she sould get her divorce here in AR and then move to CA. If she is in danger, then call DHS and get into a shelter.