Legal Question in Family Law in California
Child Custody - Leaving Stae
My husband and I are seperated and going through a divorce. There has been no court ordered child custody arrangements ordered yet. For now neither one of us are allowed to leave the state of CA without the others consent. I have two restraining orders in place against him one was issued by the responding officers on a domestic violence call and that ordersincludes both myself and our 3 1/2 yr old daughter. I have also been issued a restraining order by the courts until his pending trial. My husband was in jail for two days and just posted bail. because the restraining states that I have temporary care and control of our daughter can I leave the state for any length of time anywhere from 1 week - 2 months without his consent?
1 Answer from Attorneys
Re: Child Custody - Leaving Stae
No. You should obtain a court order allowing you to take the child out of the state.