Legal Question in Family Law in California

Re: Child laws

I presume you mean you have joint physical custody and that your child's mother is sending your child for a visit. Most temporary orders say no one is to take the child out of the state but the permanent orders will say that the other parent is to be kept informed of how to telephone the child when they are out of state. The other issue which comes up is if the out-of-state travel is going to require that the other parent is going to miss some time with the child. If so then there needs to be an agreement as to how it is going to be made up. If there is no agreement then the parent that wants to modify the schedule in order to send the child on an out of state visit must file a motion/OSC first. Failure to do so would be a contempt of the court's order. Before you refuse some reasonable request for this visit remember that the court is not very happy to be asked to micromanage your children's schedule. If it is a visit to a grandparent that is being proposed the court will probably find this to be beneficial to the children and may or may not give you any make-up time. If you wait until after the trip and file a contempt motion you will probably not be very satisfied with the outcome.