Legal Question in Family Law in California

I'm 5 months pregnant living in California with my husband who is a marine and we both want a divorce, but the only problem is he told me that he will not let me leave the state because I'm carrying his child and that is considered kipnapping if I left to my home state to be closer to my family. Can he do that even though the baby isn't born?


Asked on 9/04/10, 11:39 am

2 Answers from Attorneys

Not if there is no divorce on file. Once there is a divorce on file, I'm not sure what the rule would be on an unborn child. For a child who has been born, however, you would need to get the court's permission to leave the state once a divorce was filed and served.

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Answered on 9/09/10, 12:48 pm
Anthony Roach Law Office of Anthony A. Roach

No, not if it is unborn.

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Answered on 9/09/10, 8:32 pm


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