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.
Answered on 9/09/10, 12:48 pm
Anthony Roach
Law Office of Anthony A. Roach
No, not if it is unborn.
Answered on 9/09/10, 8:32 pm