Legal Question in Family Law in California

Re: uniform child custody justification

Yes you need an agreement with your husband regarding moving the child out of the state. It need not be written, although for evidentiary purposes a written and signed agreement is preferable.

Re: uniform child custody justification

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Now, in response to your inquiry --

Depending on ALL of the facts, unless you have an agreement or court order to the

contrary, you probably can move-away without permission.

However, because of the amount of time the child

has been in CA, your husband can probably file

suit in CA to restrain you from moving away or

to force you to send the child back to CA. (The court

can not make YOU come back, only the child.)

Re: uniform child custody justification

I've read the other replies and I think it would be a grave error to leave with the child without either your husband's written permission or court order.

You might consider filing for legal separation or divorce in CA. You would then seek orders making you the custodial parent; under our current law, the custodial parent's desire to relocate cannot be interfered with unless there is a showing that either the move is solely to interfere with visitation or the move is clearly against the best interests of the child.

Also, if you file here, you will receive orders for child, and possibly spousal, support. I'm not sure you could do as well if you filed in Germany and there is also the issue of German personal jurisdiction over your husband.

Re: uniform child custody justification

Be careful about your next move. It would appear that you are getting conflicting advice about the need for a written agreement. This is definetly NOT the typical situation most attorneys deal with regulary (myself included !) If both you and your husband are German nationals, you might be better off going back to Germany and having the German court decide this issue. If you even ask for permission, it might give your husband the opportunity to file first here and to get a restraining order preventing you from leaving the country. If you leave without asking for permission, you would need to be aware of what liability you might for violating any applicable laws. There may for example be a treaty between Germany and the U.S. governing this sort of situation. I honestly don't know what the correct answer is for you. I do know that there IS a "correct" answer (one that will maximize the possibility that you could legally take the child to Germany). With adequate time spent on researching the issue, I could find it for you.

If you need help, let me know.

Sincerely,

James Swiderski

1150 Silverado Street, Suite 216

San Diego, California 92037

1-858-459-4913

(after hours - my cell # is 619-861-4617)